Current through September 30, 2024
Section 395.32 - Non-authenticated driver logs(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.(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) Assume any records that belong to the driver under the driver's account; or(2) Indicate that the records are not attributable to the driver.(c)Motor carrier.(1) A motor carrier must ensure that records of unidentified driving are reviewed and must: (i) Annotate the record, explaining why the time is unassigned; or(ii) Assign the record to the appropriate driver to correctly reflect the driver's hours of service.(2) A motor carrier must retain unidentified driving records for each ELD for a minimum of 6 months from the date of receipt.(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.