The 6 ELD Exemptions: Do You Need Electronic Logging Devices?

The 2017 ELD mandate requires that most commercial motor vehicle drivers use electronic logging devices (ELDs) to log their records of duty status. While the tech on offer from top ELD providers has a range of benefits, including the ability to track your fleet vehicles, they can be expensive and create unnecessary headaches for drivers.

The good news is that there are several exemptions to the ELD mandate. If you qualify for one of these exemptions, you can ditch the ELD and not worry about recording your drivers’ duty status.

We’ll explain six ELD exemptions you need to know.

Key Takeaways

If your vehicle or driver qualifies for an ELD exemption, they aren’t required to log their records of duty status using an ELD. The six ELD exemptions are:

1. The driveaway-towaway exemption
2. The pre-2000 vehicle exemption
3. The short-haul exemption
4. The RODS exemption
5. The 8-day exemption
6. The agricultural exemption

What Is the ELD Mandate?

The ELD mandate is a federal rule created by the US Department of Transportation (DOT) that requires most drivers of commercial motor vehicles to use an ELD, or electronic logbook, to track their records of duty status.

Records of duty status include information about the hours they spend driving, on duty but not driving, on breaks, and off duty. These records are used to enforce rules around how long commercial vehicle drivers can spend behind the wheel.

The ELD mandate took effect in 2017 and was fully phased in by 2019. It only applies to interstate commerce, but many states have similar regulations for commercial vehicle drivers making in-state trips. So, even if your fleet only operates within state lines, it’s important to be aware of the ELD mandate and check whether your state requires ELDs on commercial vehicles.

The 6 ELD Exemptions

An ELD exemption is a carve-out created by the US DOT that exempts certain types of vehicles or drivers from complying with the ELD mandate. That is, drivers either are not required to keep records of duty status at all or are allowed to track their duty status using traditional paper logs.

The US DOT currently offers six categories of exemptions from the ELD mandate.

1. The Driveaway-Towaway Exemption

The driveaway-towaway exemption applies when a commercial vehicle is being driven to a specific location as part of a one-time sale. For example, if a driver is driving a commercial vehicle to a buyer’s office and will sell the vehicle when they arrive, they aren’t required to use an ELD or record their hours on duty.

This exemption also applies to tow truck drivers who are towing an empty vehicle for repair. To qualify, at least one set of wheels of the vehicle being towed must be on the road surface.

2. The Pre-2000 Exemption

Vehicles manufactured before 2000 don’t have to be equipped with an ELD. This is because many engines manufactured before 2000 lack an engine control module, which is what an ELD connects to.

Drivers of older commercial vehicles must still keep records of duty status using paper logs or an automatic on-board recording device unless they qualify for another exemption.

Importantly, whether a vehicle qualifies for the pre-2000 exemption is determined by the model year of the engine itself, not the model year of the vehicle. So, if you have a commercial vehicle that was manufactured in 2005 and then retrofitted with a 1998 engine, it would qualify for the pre-2000 ELD exemption. On the other hand, if you have a 1995 vehicle retrofitted with a 2005 engine, it will require an ELD.

3. The Short-Haul Exemption

The short-haul exemption, also known as the 150-air mile radius exemption, applies to drivers who never travel more than 150 air miles from their work reporting location (i.e. your fleet’s home base).

To qualify for this exemption, short-haul drivers must start and end each day at their work reporting location. They may be on duty for a maximum of 14 hours per day and drive a maximum of 11 hours per day.

Drivers who qualify for the short-haul exemption aren’t required to keep records of duty status and don’t need an ELD. They also aren’t required to take a 30-minute break after eight consecutive hours of driving, as most commercial vehicle drivers are.

4. The Records of Duty Status Exemption

Motor carriers that aren’t required to keep records of duty status also aren’t required to have an ELD. In other words, you only have to consider an ELD if you’re required to keep a record of duty status.

There are several reasons why you may not be required to keep records of duty status:

• Your vehicle doesn’t meet the US DOT’s definition of a commercial vehicle
• Your vehicle never travels across state lines (and your state doesn’t have its own laws requiring records of duty status)
• Your driver or vehicle qualifies for another exemption, such as the short-haul exemption

5. The 8-Day Exemption

Drivers who need to keep records of duty status for no more than eight days in a rolling 30-day period aren’t required to use an ELD. They can track hours of duty using paper logs or an automatic on-board recording device.

This exemption typically applies to truck drivers who qualify for the short-haul exemption most of the time, but occasionally need to make longer trips or spend more than 14 hours on duty in a day.

Importantly, if a driver needs to keep records of duty status for nine or more days in a rolling 30-day period, they must use an ELD for the remainder of that 30-day period. So, if your fleet isn’t equipped with ELDs, make sure your drivers don’t exceed the limits of this exemption.

6. The Agricultural Exemption

Drivers transporting agricultural goods—such as crops, livestock, animal feed, and food commodities—are exempt from keeping records of duty status and using an ELD under certain circumstances. To qualify, drivers must:

• Carry only agricultural goods. An unloaded vehicle making a trip to pick up a load or returning to its home base also qualifies.
• Be driving during the planting or harvesting season. Dates for these seasons are determined on a state-by-state basis)
• Remain within a 150-air mile radius of the source of a load. The source can be a field, a grain elevator, a livestock market, or a similar location. Drivers can pick up commodities from multiple source locations, but the 150-mile radius is measured from the first source location only.

Maintaining Compliance with the ELD Mandate

If your fleet qualifies for an ELD exemption, it’s important to ensure that your drivers don’t exceed the limits of the relevant exemption. Otherwise, you could face steep penalties for violating the ELD mandate and your drivers or vehicles could be taken out of service.

You can ensure you maintain compliance with the ELD mandate in several ways.

First, you can install ELDs in each of your fleet vehicles, even if they aren’t required. This can be costly, but it ensures that drivers have an ELD available and can start keeping records of duty status if they drive beyond the limits of an exemption. ELDs record information about a vehicle’s fuel consumption, engine function, and more, so they can ultimately help you reduce your fleet’s fuel costs or stay on top of preventative maintenance.

Another option is to use fleet management software. This software provides real-time information about your drivers and vehicles, helping you stay in compliance with exemption requirements. Fleet management software can also alert you if a planned route exceeds the limits of the short-haul exemption or if a driver is in danger of exceeding the eight-day exemption.