Which drivers can keep paper logs instead of an ELD?

A motor carrier may let a driver keep paper records of duty status instead of using an ELD only in these four cases: The driver operates in a manner requiring completion of a record of duty status on not more than 8 days within any 30-day period. The driver operates in a driveaway-towaway operation in which the vehicle being driven is part of the shipment being delivered. The driver operates in a driveaway-towaway operation in which the vehicle being transported is a motor home or a recreation vehicle trailer. The vehicle was manufactured before model year 2000, as reflected in the vehicle identification number shown on the vehicle's registration. A driver running under one of these exceptions still keeps a paper record of duty status in duplicate for each 24-hour period on the grid prescribed by 49 CFR 395.8(g).

Does the short-haul exemption remove the ELD requirement?

Short-haul drivers who qualify under 49 CFR 395.1(e) are exempt from 49 CFR 395.8 entirely. They keep no record of duty status at all, so the ELD mandate never reaches them; the carrier keeps time records instead. The carrier must keep accurate time records for 6 months showing when the driver reports for duty, total hours on duty each day, when the driver is released, and (for new or intermittent drivers) total time for the preceding 7 days.

What happens when an ELD malfunctions?

When an ELD malfunctions, the driver must note the malfunction and give the carrier written notice within 24 hours, reconstruct the current 24-hour period and the previous 7 consecutive days on paper graph-grid logs (unless the records are still retrievable from the ELD), and keep paper logs until the device is back in compliance. The motor carrier must correct, repair, replace, or service the malfunctioning ELD within 8 days of discovering the condition or the driver's notification, whichever comes first.

Federal compliance

The ELD mandate: who must comply and every exemption

The ELD mandate reaches every driver who has to keep records of duty status, with a short list of written exceptions: limited paper-log cases, the short-haul rule that swaps logs for time records, and older vehicles. Each rule below is quoted from the regulation and carries its federal citation.

By Evan Reid, Founder of Haul Handbook · Updated Jul 22, 2026

Who must use an ELD

A motor carrier operating commercial motor vehicles must install and require each of its drivers to use an ELD to record the driver's duty status, no later than December 18, 2017, unless the driver qualifies for one of the exceptions in 49 CFR 395.8(a)(1)(ii). The requirement rides on the record-of-duty-status rule: drivers who must keep RODS under part 395 are the drivers the mandate reaches, except private motor carriers of passengers (nonbusiness).

The final rule published December 16, 2015, took effect February 16, 2016, and set the ELD compliance date at December 18, 2017. That date is long past, so for a carrier starting today the mandate is simply part of the setup work: install the device before the first dispatched load, alongside the rest of your first 30 days with new authority. Clean logs from the first trip matter because the new entrant safety audit reads them.

The paper-log exceptions (49 CFR 395.8(a)(1)(ii)(A))

A motor carrier may let a driver keep paper records of duty status instead of using an ELD only in these four cases:

8 days in any 30: The driver operates in a manner requiring completion of a record of duty status on not more than 8 days within any 30-day period.
Driveaway-towaway (vehicle is the shipment): The driver operates in a driveaway-towaway operation in which the vehicle being driven is part of the shipment being delivered.
Driveaway-towaway (motor home or RV trailer): The driver operates in a driveaway-towaway operation in which the vehicle being transported is a motor home or a recreation vehicle trailer.
Pre-2000 vehicle: The vehicle was manufactured before model year 2000, as reflected in the vehicle identification number shown on the vehicle's registration.

The vehicle-age exception is the one carriers most often misread: it keys off the model year on the vehicle's registration, not the engine swap history or the truck's condition. If the registration shows a qualifying model year, the driver may stay on paper logs; otherwise the mandate applies.

The short-haul exemption (49 CFR 395.1(e))

Short-haul drivers who qualify under 49 CFR 395.1(e) are exempt from 49 CFR 395.8 entirely. They keep no record of duty status at all, so the ELD mandate never reaches them; the carrier keeps time records instead.

CDL drivers: A driver is exempt from the RODS requirement when the driver operates within a 150 air-mile radius (172.6 statute miles) of the normal work reporting location, returns to that location and is released from work within 14 consecutive hours, and (for property carriers) has at least 10 consecutive hours off duty between each 14 hours on duty.
Non-CDL drivers: A driver of a property-carrying vehicle that does not require a CDL is exempt when the driver operates within a 150 air-mile radius of the normal work reporting location, returns there at the end of each duty tour, and does not drive after the 14th hour after coming on duty on 5 days of any 7 consecutive days, or after the 16th hour on 2 days of any 7 consecutive days.
The carrier's side of the deal: The carrier must keep accurate time records for 6 months showing when the driver reports for duty, total hours on duty each day, when the driver is released, and (for new or intermittent drivers) total time for the preceding 7 days.

The non-CDL branch turns on what the vehicle requires, so start with whether your truck needs a CDL at all. Operators who live near these lines, like hotshot and box truck businesses, should read the radius and hour conditions closely: exceed them on a given day and that day needs a record of duty status.

What happened to AOBRDs

Before ELDs, carriers could log electronically with automatic on-board recording devices (AOBRDs) under former 49 CFR 395.15. The 2015 final rule let carriers that installed AOBRDs before the December 18, 2017 compliance date keep using them for 2 years beyond that date. That grandfather window has closed; a registered ELD is now the only electronic logging device that satisfies the mandate.

Registered devices and the in-cab packet

A motor carrier required to use an ELD must use only a device on FMCSA's registered ELDs list, accessible through the agency's website at www.fmcsa.dot.gov/devices. The registry is self-certified by manufacturers and devices are added and revoked over time, so check FMCSA's registered ELD list before you buy and again if your vendor makes the news. This page compares no devices; the list is FMCSA's to keep.

The carrier must ensure the driver carries an ELD information packet on board: a user's manual, an instruction sheet for transferring HOS records to a safety official, an instruction sheet on malfunction reporting, and a supply of blank RODS graph-grids sufficient for at least 8 days. Roadside inspectors ask for this packet, and it is the cheapest violation to avoid.

Malfunctions (49 CFR 395.34)

The driver's duties: When an ELD malfunctions, the driver must note the malfunction and give the carrier written notice within 24 hours, reconstruct the current 24-hour period and the previous 7 consecutive days on paper graph-grid logs (unless the records are still retrievable from the ELD), and keep paper logs until the device is back in compliance.
The carrier's duties: The motor carrier must correct, repair, replace, or service the malfunctioning ELD within 8 days of discovering the condition or the driver's notification, whichever comes first.
Need more time: A carrier that needs more than 8 days must ask the FMCSA Division Administrator for the state of its principal place of business for an extension within 5 days after the driver's notice, with the device details, the malfunction dates, and a statement of its good-faith repair efforts.

Frequently asked questions

Who must use an ELD?: A motor carrier operating commercial motor vehicles must install and require each of its drivers to use an ELD to record the driver's duty status, no later than December 18, 2017, unless the driver qualifies for one of the exceptions in 49 CFR 395.8(a)(1)(ii). The requirement rides on the record-of-duty-status rule: drivers who must keep RODS under part 395 are the drivers the mandate reaches, except private motor carriers of passengers (nonbusiness).
Which drivers can keep paper logs instead of an ELD?: A motor carrier may let a driver keep paper records of duty status instead of using an ELD only in these four cases: The driver operates in a manner requiring completion of a record of duty status on not more than 8 days within any 30-day period. The driver operates in a driveaway-towaway operation in which the vehicle being driven is part of the shipment being delivered. The driver operates in a driveaway-towaway operation in which the vehicle being transported is a motor home or a recreation vehicle trailer. The vehicle was manufactured before model year 2000, as reflected in the vehicle identification number shown on the vehicle's registration. A driver running under one of these exceptions still keeps a paper record of duty status in duplicate for each 24-hour period on the grid prescribed by 49 CFR 395.8(g).
Does the short-haul exemption remove the ELD requirement?: Short-haul drivers who qualify under 49 CFR 395.1(e) are exempt from 49 CFR 395.8 entirely. They keep no record of duty status at all, so the ELD mandate never reaches them; the carrier keeps time records instead. The carrier must keep accurate time records for 6 months showing when the driver reports for duty, total hours on duty each day, when the driver is released, and (for new or intermittent drivers) total time for the preceding 7 days.
Can I still run an AOBRD instead of an ELD?: Before ELDs, carriers could log electronically with automatic on-board recording devices (AOBRDs) under former 49 CFR 395.15. The 2015 final rule let carriers that installed AOBRDs before the December 18, 2017 compliance date keep using them for 2 years beyond that date. That grandfather window has closed; a registered ELD is now the only electronic logging device that satisfies the mandate.
What happens when an ELD malfunctions?: When an ELD malfunctions, the driver must note the malfunction and give the carrier written notice within 24 hours, reconstruct the current 24-hour period and the previous 7 consecutive days on paper graph-grid logs (unless the records are still retrievable from the ELD), and keep paper logs until the device is back in compliance. The motor carrier must correct, repair, replace, or service the malfunctioning ELD within 8 days of discovering the condition or the driver's notification, whichever comes first.

Sources

Primary statutes and official agency pages this guide relies on. Laws and fees change, so confirm against the current source before you act.

49 CFR 395.8 - Driver's record of duty status · eCFR (Electronic Code of Federal Regulations)
49 CFR 395.1 - Scope of rules; short-haul operations · eCFR (Electronic Code of Federal Regulations)
49 CFR 395.22 - Motor carrier responsibilities (registered ELDs, in-vehicle documents) · eCFR (Electronic Code of Federal Regulations)
49 CFR 395.34 - ELD malfunctions and data diagnostic events · eCFR (Electronic Code of Federal Regulations)
Electronic Logging Devices and Hours of Service Supporting Documents; final rule (80 FR 78292, December 16, 2015) · Federal Register

Haul Handbook publishes educational information about trucking registration and compliance requirements. This is not legal, financial, or tax advice. Rules, fees, and deadlines change; confirm with the agency before you file or pay.