What does 49 CFR 395.28 (Special driving categories; other driving statuses) require?

Short answer

49 CFR 395.28 requires motor carriers to configure ELDs to allow drivers to indicate special driving categories, such as authorized personal use or yard moves, and to annotate their ELD records to explain applicable exemptions.

The rule says

"A motor carrier may configure an ELD to authorize a driver to indicate that the driver is operating a commercial motor vehicle under any of the following special driving categories: (i) Authorized personal use; and (ii) Yard moves." (49 CFR 395.28(a)(1))

"A driver operating a commercial motor vehicle under one of the authorized categories listed in paragraph (a)(1) of this section: (i) Must select on the ELD the applicable special driving category before the start of the status and deselect when the indicated status ends" (49 CFR 395.28(a)(2)(i))

In plain English

This rule is about how motor carriers and drivers use Electronic Logging Devices (ELDs) to track hours of service, especially when a driver is doing something that doesn't count as regular driving time, like moving a truck around a yard or using it for personal reasons. The driver needs to tell the ELD what they're doing so it doesn't count against their allowed driving time. If a driver is exempt from using an ELD, the motor carrier can set that up in the system too. Drivers also need to add notes to their ELD records if they're doing something that doesn't fit into one of the normal categories, like driving under an exception to the hours of service rules.

What to do

• Configure ELDs to allow drivers to select special driving categories
• Ensure drivers understand how to use the ELD to indicate special driving categories
• Review ELD records to ensure drivers are properly annotating their records for exemptions
• Set up ELD exemptions for drivers who are not required to use ELDs