C.F.R. » Title 49 » CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS › PART 395—HOURS OF SERVICE OF DRIVERS › Subpart B—Electronic Logging Devices (ELDs)

49 C.F.R. § 395.24

Driver responsibilities—In general

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(a) In general. A driver must provide the information the ELD requires as prompted by the ELD and required by the motor carrier.

(b) Driver's duty status. A driver must input the driver's duty status by selecting among the following categories available on the ELD:

(1) “Off duty” or “OFF” or “1”;

(2) “Sleeper berth” or “SB” or “2”, to be used only if sleeper berth is used;

(3) “Driving” or “D” or “3”; or

(4) “On-duty not driving” or “ON” or “4”.

(c) Miscellaneous data. (1) A driver must manually input the following information in the ELD:

(i) Annotations, when applicable;

(ii) Driver's location description, when prompted by the ELD; and

(iii) Output file comment, when directed by an authorized safety officer.

(2) A driver must manually input or verify the following information on the ELD:

(i) Commercial motor vehicle power unit number;

(ii) Trailer number(s), if applicable; and

(iii) Shipping document number, if applicable.

(d) Driver use of ELD. On request by an authorized safety official, a driver must produce and transfer from an ELD the driver's hours-of-service records in accordance with the instruction sheet provided by the motor carrier.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2016–2023 · leading case: Owner-Operator Indep. Drivers Ass'n v. United States Dep't of Transp., 840 F.3d 879 (7th Cir. 2016).
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Owner-Operator Indep. Drivers Ass'n v. United States Dep't of Transp., 840 F.3d 879 (7th Cir. 2016). · cites it 2× “49 C.F.R. § 395.24 (d); § 395.-22(j). II.”
Matter of Owner Operator Ind. Drivers Assn., Inc. v. New York State Dept. of Transp., 2022 NY Slip Op 02166 (N.Y. App. Div. 2022). · cites it 3× “Drivers are required to manually input identifying information and any changes in their duty status, the categories of which include, among others, on-duty, off-duty and authorized personal use ( see 49 CFR 395.24 [b]; 395.26 [b]; 395.28). Upon request, information recorded by…”
The Matter of Owner Operator Indep. Drivers Ass'n v. New York State Dep't of Transp. (NY 2023). · cites it 4× “Upon request by law enforcement personnel during roadside safety inspections, the driver is required to produce and transfer to the officer the ELD hours-of-service records data (see 49 CFR 395.24 [d]). This transfer occurs digitally (via web services, email, USB, or Bluetooth)…”
Owner-Operator Indep. Dri v. TRAN (7th Cir. 2016). “49 C.F.R. § 395.24 (d); § 395.22(j). 10 No.”
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