(a) Special driving categories—(1) Motor carrier options. A motor carrier may configure an ELD to authorize a driver to indicate that the driver is operating a commercial motor vehicle under any of the following special driving categories:
(i) Authorized personal use; and
(ii) Yard moves.
(2) Driver's responsibilities. A driver operating a commercial motor vehicle under one of the authorized categories listed in paragraph (a)(1) of this section:
(i) Must select on the ELD the applicable special driving category before the start of the status and deselect when the indicated status ends; and
(ii) When prompted by the ELD, annotate the driver's ELD record describing the driver's activity.
(b) Drivers exempt from ELD use. A motor carrier may configure an ELD to designate a driver as exempt from ELD use.
(c) Other driving statuses. A driver operating a commercial motor vehicle under any exception under § 390.3(f) of this subchapter or § 395.1 who is not covered under paragraph (a) or (b) of this section must annotate the driver's ELD record to explain the applicable exemption.
authority: 49 U.S.C. 504,
21104,
31133,
31136,
31137,
31502; sec. 113, Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub. L. 106-159 (as added and transferred by sec. 4115 and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744), 113 Stat. 1748, 1773; sec. 4133, Pub. L. 109-59, 119 Stat. 1144, 1744; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; sec. 5206(b), Pub. L. 114-94, 129 Stat. 1312, 1537; and
49 CFR 1.87
source: 33 FR 19758, Dec. 25, 1968, unless otherwise noted.
cite as: 49 CFR 395.28