What does 49 CFR 395.8 require for records of duty status and ELDs?
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49 CFR 395.8 requires motor carriers to have each driver record their duty status for each 24-hour period, including all duty time, the name of each motor carrier served, and the beginning and finishing time worked for each carrier.
"Except for a private motor carrier of passengers (nonbusiness), as defined in 390.5 of this subchapter, a motor carrier subject to the requirements of this part must require each driver used by the motor carrier to record the driver's duty status for each 24-hour period using the method prescribed in paragraphs (a)(1)(i) through (iii) of this section, as applicable." (49 CFR 395.8(a)(1))
In practice, this means that drivers must maintain accurate and complete records of their duty status, which can be done using electronic logging devices (ELDs) that automatically record certain data elements, such as date, time, and location.
- Ensure drivers understand their responsibilities for recording duty status and using ELDs.
- Implement procedures for reviewing, editing, and certifying ELD records.
- Retain records of duty status and supporting documents for the required period.
- Provide drivers with access to their own ELD records and ensure they can certify the accuracy of their records.
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