§ 395.32

49 C.F.R. § 395.32

Non-authenticated driver logs.

  1. (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.

  2. (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. (1) Assume any records that belong to the driver under the driver's account; or
    2. (2) Indicate that the records are not attributable to the driver.

  3. (c) Motor carrier.

    1. (1) A motor carrier must ensure that records of unidentified driving are reviewed and must:

      1. (i) Annotate the record, explaining why the time is unassigned; or
      2. (ii) Assign the record to the appropriate driver to correctly reflect the driver's hours of service.
    2. (2) A motor carrier must retain unidentified driving records for each ELD for a minimum of 6 months from the date of receipt.
    3. (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.
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