(a) Tracking non-authenticated operation. The ELD must associate the non-authenticated operation of a commercial motor vehicle with a single account labeled “Unidentified Driver” as soon as the vehicle is in motion, if no driver has logged into the ELD.
(b) Driver. When a driver logs into an ELD, the driver must review any unassigned driving time when prompted by the ELD and must:
(1) Assume any records that belong to the driver under the driver's account; or
(2) Indicate that the records are not attributable to the driver.
(c) Motor carrier. (1) A motor carrier must ensure that records of unidentified driving are reviewed and must:
(i) Annotate the record, explaining why the time is unassigned; or
(ii) Assign the record to the appropriate driver to correctly reflect the driver's hours of service.
(2) A motor carrier must retain unidentified driving records for each ELD for a minimum of 6 months from the date of receipt.
(3) During a safety inspection, audit or investigation by an authorized safety official, a motor carrier must make available unidentified driving records from the ELD corresponding to the time period for which ELD records are required.
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 395.32