• Requires ELD use by commercial drivers who are required to prepare hours-of-service (HOS) records of duty status (RODS).
• Sets ELD performance and design standards, and requires ELDs to be certified and registered with FMCSA.Hutch ELD is registered with the FMCSA
• Establishes what supporting documents drivers and carriers are required to keep.
• Prohibits harassment of drivers based on ELD data or connected technology (such as fleet management system). The rule also provides recourse for drivers who believe they have been harassed.

The ELD applies to most motor carriers and drivers who are currently required to maintain records of duty status (RODS) per Part 395, 49 CFR 395.8(a). The rule applies to commercial buses as well as trucks, and toCanada- and Mexico-domiciled drivers.

The ELD rule allows limited exceptions to the ELD mandate, including:

• Drivers who operate under the short-haul exceptions may continue using timecards; they are not required to keep RODS and will not be required to use ELDs.
• Drivers who use paper RODS for not more than 8 days out of every 30-day period.
• Drivers who conduct drive-away-tow-away operations, in which the vehicle being driven is the commodity being delivered.
• Drivers of vehicles manufactured before 2008.

Beginning on December 18, 2017, a driver using an ELD must have a ELD information packet onboard the commercial motor vehicle (CMV) containing the following items:

• A user’s manual for the driver describing how to operate the ELD;
• An instruction sheet describing the data transfer mechanisms supported by the ELD and step-by-step instructions to produce and transfer the driver’s hours-of-service records to an authorized safety official.
• An instruction sheet for the driver describing ELD malfunction reporting requirements and record keeping procedures during ELD malfunctions; and
• A supply of blank driver’s records of duty status (RODS) graph-grids sufficient to record the driver's duty status and other related information for a minimum of 8 days.

Prior to December 18, 2017, FMCSA recommends that drivers have the user’s manual, malfunction instruction sheet, and graph-grids.

Yes. A driver may use a portable ELD. A portable ELD must be mounted in a fixed position during commercial motor vehicle (CMV) operation (CMV) and visible to the driver from a normal seated driving position. This information can be found in the ELD Rule section 395.22(g).

A motor carrier must retain ELD record of duty status (RODS) data and back-up data for six months. The back-up copy of ELD records must be maintained on a device separate from that where original data are stored. Additionally, a motor carrier must retain a driver’s ELD records in a manner that protects driver privacy.

FMCSA will not retain any ELD data unless there is a violation.