FMCSA Denies Broad ELD Exemption for Participating Truck Drivers

The Federal Motor Carrier Safety Administration has denied a request that would have allowed participating truck drivers to use paper logs instead of electronic logging devices. Overdrive reported the decision September 29. The Federation of Professional Truckers sought the exemption for its members and other drivers who elected to participate, proposing education, carrier audits and removal from the program for hours-of-service violations.

FMCSA concluded that it could not grant the request as written. The agency said the MAP-21 highway law directs it to require ELDs for covered commercial motor vehicle operations in interstate commerce. It also found that the application did not show how the proposed alternative would maintain a safety level equal to or greater than the existing regulation. More than 900 comments were submitted on the docket, with support and opposition represented.

The denial means the normal ELD rule remains in place for drivers who do not qualify for an existing exception. Carriers should not interpret membership in an advocacy organization, a preference for paper records or participation in an internal audit program as permission to disconnect an ELD. Short-haul operations, older engines and other established exceptions have specific conditions that must be verified separately.

Fleet compliance teams should confirm that each required vehicle uses a device on FMCSA’s registered list, review malfunction procedures with drivers and keep supporting documents available. If an ELD fails, the driver should follow the rule’s reconstruction, notification and repair requirements rather than simply continuing on paper indefinitely. Managers should also watch official FMCSA and Federal Register notices before changing policy. A petition or pending comment period does not create relief; an exemption becomes usable only after the agency formally grants it and the operation satisfies every stated condition.