ELD Mandate Frequently Asked Questions

The Electronic Logging Device (ELD) mandate is the common name for a comprehensive final rule published by the FMCSA on December 16, 2015. These electronic logging device regulations:

• Require the use of electronic logging devices (ELDs) by most commercial drivers who are required to prepare hours-of-service records of duty status.
• Set performance and design standards for ELDs and requires the devices to be registered with the FMCSA.
• Establish which "supporting documents" drivers and carriers are required to keep.
• Prohibit harassment of drivers based on ELD data or connected technology (such as a fleet management system). The rule also provides recourse for drivers who believe they have been harassed.

Carriers subject to the federal ELD mandate had until December 18, 2017, to comply. During a two-year period after that deadline, carriers were allowed to continue using grandfathered automatic on-board recording devices (AOBRDs) if they were installed, before December 18, 2017, The deadline for converting from AOBRDs to ELDs was December 16, 2019. In general, states were allowed to set their own deadlines for compliance with in-state ELD mandates.

The ELD rule applies to commercial motor vehicle drivers who are required to maintain records of duty status (RODS, or “logs”) per 49 CFR 395.8(a) and who do not qualify for any special exemptions.

Specific ELD exemptions exist for:

• Drivers who only have to log 8 days (-or fewer-) in any period of 30 consecutive days
• Drivers operating a driveaway/towaway vehicle that is part of a delivery
• Drivers driving or towing a recreational vehicle in a driveaway/towaway operation
• Drivers operating a vehicle that is older than model year 2000 (1999 or older) or that has an engine that is older than model year 2000
• Drivers operating a rental truck that was rented under the terms of a lease agreement that is 8 days or less in duration

In addition, drivers transporting livestock or who are fully exempt from the HOS rules under one of the exceptions in §390.3, §390.23, or §395.1 are also exempt from using an electronic logging device while operating under the exemption. This includes government employees, drivers transporting agricultural commodities within 150 miles of the source during the state’s planting and harvesting season, drivers operating utility service vehicles, drivers engaged in providing emergency relief, etc.

Harassment is an action taken based on information from an ELD or other technology used in combination with an ELD that the carrier knew (or should have known) would result in a driver violating the Hours of Service (HOS) rules or operating while ill or fatigued.

Even if the company is exempt, they may choose, as a good business decision, to use an ELD solution that enables the carrier to:

• Effectively manage complex Hours of Service requirements
• Know where their assets are
• Know how safely the assets are being operated
• Have the ability to estimate time to a job site and time back to the terminal
• Manage productivity (time at a job site, stopped, traveling, out-of-route travel, etc.)
• Document drivers' vehicle inspections
• Track driver qualifications
• Track vehicle maintenance
• Create a performance incentive program based on quantifiable data
• Have a tool that assists with IFTA and IRP compliance

Canada’s electronic logging device (ELD) mandate requires the use of ELogs by federally regulated carriers and their drivers who are required to prepare a record of duty status. The regulations apply to drivers operating the following types of vehicles:

• A truck, tractor, trailer, or any combination of them that has a registered gross vehicle weight in excess of 4,500 kilograms; or
• A bus that is designed and constructed to have a designated seating capacity of more than 10 persons, including the driver.

The mandate also requires devices to be third-party certified by an outside certification body.

The ELD mandate in Canada went into effect on June 12, 2021, with a one-year educational enforcement period.

If you’re a federally regulated carrier based in Canada and are not exempt, then you are required to comply with the Canadian ELD mandate.

U.S.-based carriers operating into Canada are also subject to Canada’s ELD mandate.

U.S.-based carriers must use Canada-certified ELDs when operating into Canada.

The use of ELDs in Canada is not required for drivers of:

• Vehicles operated by a motor carrier under a permit;
• Vehicles operated by a motor carrier who is operating under an exemption issued under the Motor Vehicle Transport Act;
• Vehicles operated under a rental agreement of 30 days or less (and not extended or renewed); or
• Vehicles manufactured before model year 2000.

Drivers operating within the 160-kilometer radius of the home terminal are also not required to use an ELD provided all criteria are met.

Even if you’re not required to use ELogs, there may be good reasons to use them. One area where they may be particularly helpful is for drivers operating within a 160-kilometer radius of the home terminal. These drivers are not required to use an ELD but can do so to help keep track of Canadian hours of service. The ELD is useful if/when the driver is no longer subject to the exemption — for example, the driver operates outside of the 160-kilometer radius and is now required to use an ELD.

The use of ELDs can also help carriers:

• Effectively manage Canada’s hours of service requirements
• Know where their assets are
• Know how safely the assets are being operated
• Have the ability to estimate time to a job site and time back to the terminal
• Manage productivity (time at a job site, stopped, traveling, out-of-route travel, etc.)
• Document driver vehicle inspections
• Track driver qualifications
• Track vehicle maintenance
• Create a performance incentive program based on quantifiable data
• Manage IFTA and IRP compliance