Which drivers are exempt from the ELD mandate under 49 CFR 395.8?

Short answer

Drivers exempt from the ELD mandate under 49 CFR 395.8 include those who operate commercial motor vehicles in a manner requiring completion of a record of duty status on not more than 8 days within any 30-day period, driveaway-towaway operations, and vehicles manufactured before model year 2000.

The rule says

1. "In a manner requiring completion of a record of duty status on not more than 8 days within any 30-day period"

2. "In a driveaway-towaway operation in which the vehicle being driven is part of the shipment being delivered"

3. "In a driveaway-towaway operation in which the vehicle being transported is a motor home or a recreation vehicle trailer"

4. "That was manufactured before model year 2000, as reflected in the vehicle identification number as shown on the vehicle's registration." (49 CFR 395.8(a)(1)(ii))

In plain English

The ELD mandate has several exemptions that allow drivers to record their duty status manually instead of using an electronic logging device. These exemptions apply to drivers who don't need to keep a record of duty status very often, or who are driving vehicles that are part of the shipment they're delivering, or who are driving older vehicles. In practice, this means that drivers who only occasionally need to keep a record of duty status, or who are driving in specific types of operations, may not need to use an ELD. However, it's essential for motor carriers to understand which drivers are exempt and to ensure that they are complying with the manual recording requirements.

What to do

• Identify drivers who meet the exemption criteria under 49 CFR 395.8(a)(1)(ii)
• Ensure that exempt drivers are using manual recording methods in accordance with the regulation
• Develop procedures for tracking and managing manual records of duty status for exempt drivers
• Train drivers on the manual recording requirements and ensure they understand their responsibilities