When a Canada/Mexico domiciled motor carrier’s driver is operating a commercial motor vehicle (CMV) and is stopped for an inspection in the U.S., how must the driver verify hours of service (HOS) compliance if required use an ELD?

• A driver operating in the U.S. must have evidence of the hours worked for the current 24-hour period and the previous 7 days.
• A driver operating in the U.S. who is subject to the ELD rule must record all time operating in the U.S. on the ELD.
• A driver operating in the U.S. may record time operating in Mexico/Canada using one of the following methods:
  • Records of duty status (RODS) on paper for time operating in Canada/ Mexico during the current day, and during the previous 7 days,
  • An AOBRD display or printout of records of duty status, or
  • ELD data transfer that displays the driver’s RODS for any operations both inside and outside the United States.  

How will the U.S. ELD rule apply to a Canada/Mexico domiciled company operating a commercial rental truck in the United States?

• A motor carrier driver operating a rental truck with a rental agreement that exceeds 8 days must comply with the ELD rule unless another ELD exemption applies.
• If a property-carrying truck is rented for 8 days or less, as indicated in the rental agreement, drivers are not required to use an ELD.  To meet this exemption, the driver and motor carrier must maintain the following:
  • A copy of Federal Register Notice (FRN) 82 FR 47306, “Hours of Service of Drivers: Application for Exemptions; Truck Renting and Leasing Association (TRALA)” dated Oct. 11, 2017 or an equivalent signed Federal Motor Carrier Safety Administration exemption document. This document must be provided to safety officials on request.
  • A copy of the rental agreement.  The rental agreement must clearly identify the parties to the agreement, the vehicle and the dates of the rental period.

Supporting Documents

The ELD Rule streamlines record keeping, but still requires drivers and carriers to retain supporting documents (in paper or digital format) to verify HOS compliance.

Supporting documents requirements take effect on the ELD rule Compliance Date December 18, 2017.

Drivers must submit all their supporting documents to their motor carriers, and motor carriers must retain not more than eight supporting documents for each 24-hour period that a driver is on duty.

Drivers must submit their RODS and supporting documents to the motor carrier no later than 13 days after receiving them.

Document Types

There are five categories of documents:

• Bills of lading, itineraries, schedules, or equivalent documents that show the starting and ending location for each trip;
• Dispatch records, trip records, or equivalent documents;
• Expense receipts (meals, lodging, fuel, etc.);
• Fleet management system communication records;
• Payroll records, settlement sheets, or equivalent documents showing payment to a driver.

Drivers using paper RODS must also keep toll receipts – which don’t count toward the eight-document cap.

Required Information

Each supporting document must contain the following information: 

• Driver name (or a carrier-assigned identification number) on the document or on another document that allows the carrier to link the first document to the driver. 
• The vehicle unit number can be used, if that number can be linked to the driver.
• Location (including the name of the nearest city, town, or village).

If a driver has fewer than eight documents with all four information elements, a document that does not include time can also serve as a supporting document.

Editing and Annotating Records of Duty Status

Limited editing is allowed to correct mistakes, enter missing information, and provide notes or explanations (annotation) for ELD records. Driving time and other information that is automatically captured cannot be edited.

Driver edits must be accompanied by an annotation. The ELD prompts the driver to annotate edits.

A carrier can suggest or request edits for accuracy – but the driver must confirm these changes, and then recertify and resubmit the RODS.

All edits, whether made by the driver, or suggested by the carrier, must be annotated (include notes to explain the reason for the change).

Driver Certification of RODS

The driver must certify each RODS.  A driver must certify any edits he/she makes; and should certify carrier edits if they are accurate. Certification is intended to protect drivers from unilateral changes to the RODS.

Carrier Retention of ELD Information

Carriers must retain original ELD information (on the device, or on a separate back-up system) for at least six months, along with the associated required supporting documents. Paper copies of documents do not need to be retained if they have been scanned. Carriers must ensure ELD information is stored with appropriate security, to protect driver privacy. Carriers must also provide drivers with access to the records, on request, for a period of six months.