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Before electronic logging became common, truck drivers often recorded their working and driving hours using paper logbooks. Today, many drivers who are required to keep records of duty status use an ELD instead.
An ELD connects with a commercial vehicle's engine and automatically records certain information when the truck is being operated. According to the Federal Motor Carrier Safety Administration (FMCSA), the ELD rule is intended to make it easier and more accurate to track, manage, and share a driver's records of duty status. FMCSA
ELDs can be important after a serious truck accident because they may provide information about when a truck was being driven and how long a driver had been operating or working.
How Does an ELD Work?
An ELD is synchronized with the commercial vehicle's engine.
That connection allows the device to automatically capture information instead of relying entirely on the driver to write down when the truck was moving.
FMCSA explains that engine synchronization allows an ELD to automatically capture information including:
- Engine power status
- Vehicle motion status
- Miles driven
- Engine hours
A compliant ELD also records information such as the date, time, location, vehicle information, and driver identification associated with required records. FMCSA
Drivers still make certain entries and changes in the system. For example, their duty status may show whether they are driving, on duty but not driving, off duty, or using a sleeper berth.
The result is an electronic record showing portions of the driver's working day.
Why Do Truck Drivers Use ELDs?
One major purpose of an ELD is to help record compliance with federal hours-of-service rules.
Hours-of-service regulations limit how long covered commercial drivers can drive and work before taking required time off.
For covered property-carrying drivers, the general federal rules include an 11-hour driving limit after 10 consecutive hours off duty. Drivers generally may not drive beyond the 14th consecutive hour after coming on duty following the required time off. Exceptions and special rules can apply depending on the operation.
An ELD does not create these limits. Instead, it helps record the information used to determine whether a covered driver complied with them.
FMCSA specifically explains that the ELD rule did not change the basic hours-of-service rules or exceptions. FMCSA
Does Every Truck Driver Have to Use an ELD?
No. Not every person driving a truck is required to use one.
The FMCSA says the ELD rule generally applies to most motor carriers and drivers who are required to maintain records of duty status under federal regulations. However, there are limited exceptions.
Examples identified by FMCSA include certain drivers operating under short-haul exceptions, drivers who use paper records of duty status for no more than eight days during a 30-day period, certain drive-away-tow-away operations, and drivers operating vehicles manufactured before model year 2000. FMCSA
Because exceptions exist, seeing a commercial truck without an ELD does not automatically mean someone violated federal regulations.
The specific driver, vehicle, trip, and operation must be examined.
Is an ELD the Same as a Truck's Black Box?
No. This is an important distinction.
An ELD is primarily designed to record information related to a driver's duty status and hours of service.
A truck's electronic control systems may contain different information about the vehicle itself.
In fact, FMCSA explains that an ELD is not required to collect vehicle-performance information such as vehicle speed, braking action, or steering function. Its required purpose is related to determining compliance with hours-of-service regulations. FMCSA
That means investigators should not assume an ELD contains every piece of electronic information available from a commercial truck.
The difference between an ELD and a truck's so-called "black box" will be covered more closely in another article.
Can ELD Records Be Changed?
ELD records are not necessarily frozen forever the moment information is entered.
Drivers and motor carriers may make certain edits or annotations to records under the ELD rules. However, the system is designed to maintain information about changes rather than simply allowing the original information to disappear.
That can be important when records are reviewed.
An investigator may need to understand not only what the current record says, but also whether edits, annotations, or other changes were made and what those changes mean.
An edit by itself should not automatically be treated as evidence of wrongdoing. There can be legitimate reasons to correct or annotate a record.
How Long Are ELD Records Kept?
Record preservation can be especially important after a serious commercial truck accident.
FMCSA guidance states that motor carriers must retain drivers' ELD records of duty status and supporting documents for six months. A backup copy of ELD records must also be maintained separately for six months, and the records must be stored in a way that protects driver privacy. FMCSA
Supporting documents can include items such as dispatch or trip records, bills of lading, certain expense receipts, electronic fleet communications, and payroll or settlement records. These documents may help verify information contained in a driver's records of duty status. FMCSA
The existence of federal retention periods is one reason evidence preservation can become an important issue after a commercial truck collision.
Why Does It Matter After an Accident?
After a serious truck accident, an ELD may help investigators build a clearer timeline of the driver's activities.
Depending on the circumstances, ELD information may help answer questions such as:
- When was the truck being driven?
- How long had the driver been working?
- When did the driver go on or off duty?
- How many miles were recorded?
- Where was the truck at certain recorded points?
- Do other records support the driver's electronic log?
ELD information can also be compared with other evidence.
For example, investigators may examine dispatch records, GPS or fleet information, bills of lading, fuel or expense records, cellphone records when legally available, inspection documents, or other electronic vehicle information.
Those records may help provide context for what the ELD shows.
However, an ELD record does not automatically prove that a truck driver was fatigued or that a trucking company caused an accident. Even a possible hours-of-service issue must be examined alongside the other evidence to determine whether it had any connection to the collision.
At Jacqueline A. Scott & Associates, our firm can investigate available commercial trucking records after a serious Louisiana truck accident, including electronic records when they are relevant. Preserving and reviewing those records can help our attorneys understand what happened rather than relying only on assumptions about the crash.
Frequently Asked Questions About ELDs
What does ELD stand for?
ELD stands for electronic logging device. It is used by many commercial drivers to electronically record driving time and information related to their records of duty status.
Does an ELD record a truck's speed and braking?
Not as a required ELD function. FMCSA states that ELDs are not required to collect vehicle-performance information such as speed, braking action, or steering function. Other electronic systems on a commercial truck may contain different vehicle information. FMCSA
Does every truck driver have to use an ELD?
No. The ELD rule generally applies to drivers who are required to maintain records of duty status, but FMCSA provides several exceptions. Whether a particular driver was required to use an ELD depends on the driver's operation and applicable regulations. FMCSA
How long are ELD records kept?
FMCSA guidance states that motor carriers must retain ELD records of duty status and supporting documents for six months. A separate backup of the ELD records must also be maintained for six months. FMCSA
Can ELD data matter after an 18-wheeler accident?
Potentially. ELD information may help investigators understand a driver's driving and duty timeline and can be compared with other trucking records. However, ELD data must be interpreted in context and does not by itself establish who caused an accident.
This article is general information about Louisiana law and is not legal advice. Laws and deadlines can change, and every case depends on its own facts. Past results do not guarantee or predict future outcomes. Reading this page or contacting the firm does not by itself create an attorney-client relationship.
