The Federal Motor Carrier Safety Administration (FMCSA) is moving to strengthen oversight of electronic logging devices (ELDs) with a new vendor vetting process, while reiterating existing exemptions and clarifying when paper logs are permitted. The agency also signaled that an exemption “window” could allow a 24-hour off-duty reset after six consecutive days, in contrast to the typical 34-hour restart.
FMCSA to tighten ELD vendor vetting
FMCSA said its forthcoming ELD vetting process will include an initial review, fraud detection measures, and clearer application outcomes. Submissions will be categorized as:
- Approved
- Information Requested
- Further Review
- Denied
Industry groups have pushed for stronger oversight to prevent non-compliant devices from entering or remaining on the agency’s registry. The American Trucking Associations (ATA) praised the move. “We appreciate this first step from the Trump Administration to overhaul the vetting process for electronic logging devices,” ATA President and CEO Chris Spear said. “This action, paired with the recent removal of noncompliant ELDs from the registry, shows the FMCSA is committed to addressing this issue swiftly, which is critical for highway safety and fair competition.”
Who must use ELDs — and who is exempt
Most commercial motor vehicle drivers required to keep hours-of-service (HOS) records must use an ELD. FMCSA, however, allows exemptions for certain short-haul operations and for vehicles equipped with engines manufactured before model year 2000. The agency has indicated it does not plan to remove the pre-2000 engine exemption.
Paper-log allowance clarified
Under 49 CFR 395.8(a)(1)(ii)(A), drivers who are required to keep records of duty status may use paper logs instead of an ELD for up to eight days within any 30-day period. FMCSA recently confirmed that an organization operating more than eight days in a 30-day span does not qualify for this paper-log provision, even if trips are infrequent. In such cases, ELD use is required.
Regulatory outlook: ELD updates and HOS exemption window
FMCSA’s 2022 advance notice of proposed rulemaking sought feedback on possible updates to the ELD mandate across several areas. The comment period closed in November 2022, and a notice of proposed rulemaking is not expected until May 2026.
Separately, FMCSA outlined that within a defined exemption “window,” any period of six consecutive days may be followed by the beginning of an off-duty period of 24 or more consecutive hours. That approach differs from the typical option of taking 34 or more consecutive hours off duty to reset under HOS rules. Further details would be specified in the applicable exemption or guidance when issued.