(a) Accurate record keeping. A driver and the motor carrier must ensure that the driver's ELD records are accurate.
(b) Review of records and certification by driver. (1) A driver must review the driver's ELD records, edit and correct inaccurate records, enter any missing information, and certify the accuracy of the information.
(2) Using the certification function of the ELD, the driver must certify the driver's records by affirmatively selecting “Agree” immediately following a statement that reads, “I hereby certify that my data entries and my record of duty status for this 24-hour period are true and correct.” The driver must certify the record immediately after the final required entry has been made or corrected for the 24-hour period.
(3) The driver must submit the driver's certified ELD records to the motor carrier in accordance with § 395.8(a)(2).
(4) If any edits are necessary after the driver submits the records to the motor carrier, the driver must recertify the record after the edits are made.
(c) Edits, entries, and annotations. (1) Subject to the edit limitations of an ELD, a driver may edit, enter missing information, and annotate ELD recorded events. When edits, additions, or annotations are necessary, a driver must use the ELD and respond to the ELD's prompts.
(2) The driver or support personnel must annotate each change or addition to a record.
(3) In the case of team drivers, if there were a mistake resulting in the wrong driver being assigned driving-time hours by the ELD, and if the team drivers were both indicated in each other's records for that period as co-drivers, driving time may be edited and reassigned between the team drivers following the procedure supported by the ELD.
(d) Motor carrier-proposed edits. (1) On review of a driver's submitted records, the motor carrier may request edits to a driver's records of duty status to ensure accuracy. A driver must confirm or reject any proposed change, implement the appropriate edits on the driver's record of duty status, and recertify and resubmit the records in order for any motor carrier-proposed changes to take effect.
(2) A motor carrier may not request edits to the driver's electronic records before the records have been submitted by the driver.
(3) Edits requested by any system or by any person other than the driver must require the driver's electronic confirmation or rejection.
(e) Coercion prohibited. A motor carrier may not coerce a driver to make a false certification of the driver's data entries or record of duty status.
(f) Motor carrier data retention requirements. A motor carrier must not alter or erase, or permit or require alteration or erasure of, the original information collected concerning the driver's hours of service, the source data streams used to provide that information, or information contained in any ELD that uses the original information and HOS source data.