What does 49 CFR 395.36 (Driver access to records) require?

Short answer

49 CFR 395.36 requires motor carriers to provide drivers with access to their own ELD records, and drivers must be able to obtain copies of these records without having to go through the motor carrier.

The rule says

"A motor carrier must not introduce a process that would require a driver to go through the motor carrier to obtain copies of the driver's own ELD records if such records exist on or are automatically retrievable through the ELD operated by the driver." (49 CFR 395.36(a))

"On request, a motor carrier must provide a driver with access to and copies of the driver's own ELD records unavailable under paragraph (a) of this section during the period a motor carrier is required to retain the records under 395.8(k)." (49 CFR 395.36(b))

In plain English

This rule is about giving drivers control over their own hours-of-service records. Motor carriers can't make it hard for drivers to get their own records, and they have to provide access to those records when a driver asks. In a real-world scenario, this means that a driver should be able to easily access their ELD records, and the motor carrier should have a process in place to provide those records to the driver upon request.

What to do

• Ensure that your ELD system allows drivers to access their own records directly
• Establish a process for drivers to request and obtain copies of their ELD records
• Train motor carrier staff on the importance of providing drivers with access to their own records
• Review your record-keeping policies to ensure compliance with 49 CFR 395.36