What does 49 CFR 395.32 (Non-authenticated driver logs) require?

Short answer

49 CFR 395.32 requires that an ELD associate non-authenticated operation with a single account labeled "Unidentified Driver" and that drivers and motor carriers review and annotate or assign unassigned driving time. The motor carrier must retain unidentified driving records for at least 6 months.

The rule says

"The ELD must associate the non-authenticated operation of a commercial motor vehicle with a single account labeled Unidentified Driver as soon as the vehicle is in motion, if no driver has logged into the ELD." (49 CFR 395.32(a))

"A motor carrier must ensure that records of unidentified driving are reviewed and must: (i) Annotate the record, explaining why the time is unassigned; or (ii) Assign the record to the appropriate driver to correctly reflect the driver's hours of service." (49 CFR 395.32(c)(1))

In plain English

This rule is about handling situations where a driver hasn't logged into the ELD, so the system doesn't know who's driving. The ELD will automatically assign the driving time to an "Unidentified Driver" account. Then, when a driver logs in, they have to review any unassigned driving time and either claim it as their own or indicate it's not theirs. The motor carrier also has to review these records, explain why the time is unassigned, or assign it to the right driver.

What to do

• Ensure your ELD system is set up to automatically assign non-authenticated driving time to an "Unidentified Driver" account.
• Train drivers to review and annotate or assign unassigned driving time when they log into the ELD.
• Review unidentified driving records regularly and annotate or assign them to the correct driver.
• Retain unidentified driving records for at least 6 months as required by the regulation.