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FMCSA ELD Transition Guidance

Thursday, February 15, 2018

Frequently Asked Questions (FAQs)

  1. If a truck or bus is stopped for a roadside inspection between December 18, 2017 and April 1, 2018 and does not have a required ELD, what exactly will happen?                                            
    If the driver has a true and accurate paper record of duty status, the driver and/or company will only be cited for not having an ELD, but allowed to continue driving. The violation will not impact the carrier’s SMS percentiles.

  2. What happens if a truck or bus requiring an ELD is stopped for a roadside inspection after April 1, 2018 and does not have a required ELD?
    In this case, the vehicle will be placed out-of-service, and no longer allowed to continue to operate without an ELD.

  3. What is the difference between a waiver and an exemption?
    A waiver is temporary regulatory relief from one or more of the FMCSRs for up to three months. A waiver can be issued upon request or at the discretion of the Administrator.An exemption is a temporary regulatory relief from one or more of the FMCSRs given to a person or class of persons subject to the regulations. An exemption requires public notice and comment and provides the person or class of persons with relief from the regulations for up to five years.Both a waiver and an exemption require an equivalent level of safety to be established in exchange for regulatory relief.

  4. Why is the Agency issuing the waiver?
    Issuing the waiver will allow the Agency to fully evaluate the open exemption requests and to engage with stakeholders about their concerns with the hours-of-service regulations and the ELD rule.

  5. What is the basis for the existing agricultural exemption from the hours-of-service regulations?
    The current 150-air mile exemption is based in statute and has been amended several times, most recently in the MAP-21 Transportation reauthorization bill.

  6. What is personal conveyance and why is this an issue?
    Personal conveyance is when a driver is using a commercial motor vehicle for personal reasons — such as transportation from a hotel where a driver is staying to a nearby restaurant and back — and not at the direction of a motor carrier. When in this status, the driver is not subject to the hours-of-service regulations. The ELD rule did not change the current guidance on this issue. Because all miles are recorded and tracked by an ELD, however, a special driving category is available in the ELD, and that has led to questions from drivers and companies about when using personal conveyance is appropriate.

  7. How does the new guidance on personal conveyance differ from the existing guidance?
    The guidance differs primarily in that it allows a loaded vehicle to be used in personal conveyance. In addition, guidance provides several common examples to provide clarity to this provision, and seeks comment from the public as to the application of this provision.

For more FAQs on the ELD Rule, please visit:

Material posted on this website is for informational purposes only and does not constitute a legal opinion or medical advice. Contact your legal representative or medical professional for information specific to your legal or medical needs.