ELD Mandate: Who Needs an ELD
Drivers who must keep a record of duty status (RODS) have to use an electronic logging device (ELD) that is on FMCSA's registered list (49 CFR 395.8, 395.22). Paper logs are allowed on 8 days or fewer in any 30 days, for trucks built before model year 2000, and for driveaway-towaway work. Short-haul drivers may not need a log at all. If an ELD fails, the driver logs on paper and the carrier has 8 days to fix it.
Facts checked October 15, 2026
Key Points
- A motor carrier must require drivers who keep a RODS to use an ELD (49 CFR 395.8(a)). That requirement started December 18, 2017
- The ELD must be on FMCSA's registered ELD list. A phone app or dashcam tool that is not on the list does not meet the rule (49 CFR 395.22(a))
- A carrier may let a driver use paper logs if the driver needs a RODS on 8 days or fewer in any 30-day period
- Paper logs are also allowed for driveaway-towaway operations and for vehicles built before model year 2000
- A driver who qualifies for the 150 air-mile short-haul exception does not have to keep a RODS, so no ELD is needed
- If an ELD breaks, the driver must tell the carrier in writing within 24 hours and log on paper. The carrier must fix it within 8 days (49 CFR 395.34)
- The carrier keeps RODS records for 6 months. The driver keeps a copy of the last 7 days in the truck (49 CFR 395.8(k))
ELD, paper log or no log?
| Who this covers | |
|---|---|
| ELD required | Drivers who must keep a record of duty status under Part 395, unless an exception below applies (49 CFR 395.8(a)(1)) |
| Paper log allowed | A driver who needs a RODS on 8 days or fewer in any 30 days. A driveaway-towaway driver. A vehicle built before model year 2000, based on the VIN on its registration (49 CFR 395.8(a)(1)) |
| No log needed | A driver who qualifies for a short-haul exception. A CDL driver within 150 air miles who is released within 14 hours, or a non-CDL driver within 150 air miles who returns each day (49 CFR 395.1(e)) |
Who has to use an ELD?
A motor carrier must require each driver who has to record duty status to use an ELD that meets the rule (49 CFR 395.8(a)(1)). That means drivers of property-carrying commercial vehicles who are not using an exception. The carrier must use only an ELD that is on FMCSA's registered ELD list (49 CFR 395.22(a)). Being on the list is what matters. How a product is marketed does not.
Who can still use paper logs?
A carrier may have a driver record duty status by hand, rather than with an ELD, in four cases. The driver needs a RODS on 8 days or fewer in any 30-day period. The driver is in a driveaway-towaway operation where the vehicle being driven is part of the shipment. The driver is moving a motor home or recreational vehicle trailer in a driveaway-towaway operation. Or the vehicle was built before model year 2000, as shown by the VIN on its registration (49 CFR 395.8(a)(1)). Paper logs go on a graph grid in duplicate for each 24 hours.
Can I use a phone app as my ELD?
Only if the app is on FMCSA's registered ELD list. Many trip-logging and hours-tracking apps are not registered ELDs, and they do not meet the rule. A portable ELD, such as a phone or tablet, must be mounted in a fixed position while the truck is moving. The driver must be able to see it from the normal driving position (49 CFR 395.22(g)). Check the FMCSA list before you buy.
What has to be in the truck?
The carrier must make sure each driver has an ELD information packet on board (49 CFR 395.22(h)). It holds three things. One is an instruction sheet that explains how to produce and transfer the driver's hours records to a safety official. Another is an instruction sheet on how to report an ELD malfunction and keep records during one. The third is a supply of blank graph-grid logs for at least 8 days. The driver must also keep a copy of the records for the previous 7 consecutive days in the truck, ready for inspection (49 CFR 395.8(k)).
What do I do if my ELD stops working?
Tell the carrier in writing within 24 hours. Then rebuild your record of duty status for the current 24 hours and the previous 7 days on graph-grid paper logs, unless the records are already in your hands or can be pulled from the ELD. Keep logging on paper until the ELD is fixed. If you are inspected, show the paper records (49 CFR 395.34(a) and (b)). The carrier must correct the malfunction within 8 days of finding out or of your notice, whichever comes first. A carrier that needs more time must ask the FMCSA Division Administrator within 5 days of your notice, and say what it has done to fix it (395.34(d)).
What must the carrier do?
The carrier must manage the ELD accounts: a unique username for each user, a valid license number for each driver account, and accurate account details. It must not use a driver's license number or Social Security number as a username. It must make sure the ELD is calibrated and maintained as the maker says. It must keep a backup copy of the ELD records for 6 months on a separate device. When an authorized safety official asks, it must produce the ELD records electronically (49 CFR 395.22). It also keeps records of duty status and supporting documents for at least 6 months (395.8(k)).
Related Free Tools
Hours of Service (HOS) Tracker
Full 49 CFR Part 395 tracking. It covers the daily log, 14-hour window, 30-minute break, and the real 60/70-hour weekly rule with 34-hour restart detection.
Pre-Trip / Post-Trip DVIR Checklist
A 49 CFR 396.11 compliant Driver Vehicle Inspection Report with defect tracking.
ELD Buyer's and Compliance Checklist
Check that an ELD is legal to use, does what the federal rule requires, and is set up right in the truck.
CDL & Compliance Deadline Tracker
Track all compliance deadlines in one place with color-coded alerts.
Frequently Asked Questions
Do I need an ELD if I only drive local, short routes?+
Not if you qualify for a short-haul exception, because then you do not have to keep a record of duty status. A CDL driver must stay within 150 air miles of the work reporting location, be released within 14 consecutive hours, and get 10 hours off between shifts (49 CFR 395.1(e)(1)). A driver of a truck that does not need a CDL must stay within 150 air miles and return each day (395.1(e)(2)). The carrier must keep time records for 6 months.
Can I use a phone app instead of an ELD device?+
Only if that app is on FMCSA's registered ELD list (49 CFR 395.22(a)). Many logging apps are not registered ELDs, so they do not meet the rule. If you use a phone or tablet, it must be mounted in a fixed position while you drive and visible from the driver's seat.
How many days can I use paper logs?+
A carrier may let a driver use paper logs if the driver needs a record of duty status on 8 days or fewer in any 30-day period (49 CFR 395.8(a)(1)). After that, the driver must use an ELD.
What do I do if my ELD stops working?+
Tell your carrier in writing within 24 hours. Rebuild your log for the current 24 hours and the previous 7 days on paper, and keep logging on paper until the ELD is fixed. Your carrier must fix it within 8 days (49 CFR 395.34).
Does a truck built before 2000 need an ELD?+
No. A vehicle built before model year 2000 can use paper logs. The model year is based on the VIN as shown on the vehicle's registration (49 CFR 395.8(a)(1)).
How long are ELD records kept?+
The carrier must keep records of duty status and supporting documents for at least 6 months (49 CFR 395.8(k)). It must also keep a backup copy of the ELD records on a separate device for 6 months (395.22(i)). The driver keeps a copy of the last 7 days in the truck.
More federal trucking rules
- Hours of Service Rules for Truck Drivers
- DOT Roadside Inspection Levels Explained
- DOT Drug and Alcohol Testing Rules
- Driver Qualification File Requirements
- DVIR and Vehicle Maintenance Rules
- New Entrant Safety Audit Requirements
- Hours of Service Exceptions and Exemptions
- Motor Carrier Insurance Requirements
- CDL Classes, Endorsements and ELDT Training
- DOT Physical and Medical Card Requirements
- Drug and Alcohol Clearinghouse Requirements
- Cargo Securement Rules for Trucks
- Hazmat Basics for Truck Drivers and Carriers
- USDOT Number and Biennial Update Requirements
- Safety Ratings, Compliance Reviews and DataQs
- Federal Truck Size and Weight Limits
- California Clean Truck Check (HD I/M)
- Truth-in-Leasing Rules for Owner-Operators
- Form 2290 Heavy Highway Vehicle Use Tax
- Truck Driver Phone, Texting and Seat Belt Rules
- Railroad Crossing Rules for Truck Drivers
- Truck Emergency Equipment and Warning Triangle Rules
- Truck Windshield, Dash Cam and Mirror Rules
- CDL Disqualification: Major and Serious Offenses
- Truck Tire Rules: Tread Depth, Retreads and Pressure
- Trailer Reflective Tape (Conspicuity) Rules
- Truck Brake Rules: Pushrod Stroke, Lining Thickness and ABS
- Driver Conduct Rules: Alcohol, Drugs, Fatigue, Passengers and Pre-Trip Checks
- English Language Proficiency for Truck Drivers: The 391.11(b)(2) Rule
- Weigh Station Rules: Who Must Stop and What Happens If You Skip
- Truck Lighting Rules: Required Lamps and Reflectors (49 CFR 393)
- Driver Road Test Rules: The Company Road Test and Certificate (49 CFR 391.31)
- Box Truck and Hotshot Requirements: CDL, USDOT Number, Authority and ELD
- Owner-Operator Requirements: What You Need Before You Haul
Related terms and pages
Sources
Want a dispatcher to handle this for you?
Grow Trucking finds loads, negotiates rates and does the paperwork for owner-operators and small fleets. Tell us about your truck and we will show you how we can help.
Also: About Grow Trucking · Refer a carrier · Trucking blog
This is a plain-language summary for reference, not legal advice. Check the official rule text before you rely on any detail. Ask a compliance professional about your own operation.