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6.4.4 Driver’s Record of Duty Status (RODS) (395.8)

Every driver needs to prepare a record of duty status for each 24-hour period. Failure to record, complete, or retain the log, or knowingly falsifying logs or other reports, makes the driver and/or carrier liable to prosecution. Logs must be kept current by showing each change in duty status. The time zone used on a driver’s daily log should be the time standard of that driver’s home terminal. See 49 CFR 395.8 for more information.

Short-Haul Exemptions to Record of Duty Status Regulations

There are exceptions to the RODS regulations for drivers that drive short distances:

  • 150 air-mile radius driver exemption (see 49 CFR 395.1 (e)(1)).
  • 150 air-mile radius driver exemption, for drivers of property-carrying CMVs who do not require a CDL and operate within a 150 air-mile radius of their normal work reporting location (see 49 CFR 395.1 (e)(2)).

Drivers must meet all of the qualifications specified in the regulations to use an exemption. If even one of the qualifications is not met, then all of the standard hours of service rules apply.

Electronic Logging Devices (395 Subpart B) 

When requested by an authorized safety official, a motor carrier must produce ELD records in an electronic format either at the time of the request or, if the motor carrier has multiple offices or terminals, within the time permitted under 49 CFR 390.29. Requirements for ELDs can be found in 49 CFR 395 Subpart B. A motor carrier must retain for 6 months, a back-up copy of the ELD records on a device separate from that on which the original data are stored.  

Motor carriers and drivers exempt from the ELD rule may use alternate recording methods, including automatic onboard recording devices (AOBRDs), to record their hours-of-service data. Requirements for AOBRDs can be found in 49 CFR 395.15

More information about the ELD rule, including a complete list of exemptions, can be found on FMCSA's ELD website.

Submitting/Retaining Duty Status Paper Logs (395.8 (a)(2)(ii) and 395.8 (k))

A driver who is not subject to the ELD rule may still be subject to HOS regulation. In this case, the driver must submit the original paper log sheet to the employing carrier within 13 days after trip completion. The driver shall retain a copy of each ROD status for the previous seven consecutive days, which shall be in his/her possession and available for inspection while on duty. All hard copies of the driver’s record of duty status must be signed by the driver.

When a motor carrier uses a driver initially or intermittently, the carrier must obtain from its driver a signed statement giving the total time on duty during the immediately preceding seven days, and the time at which the driver was last relieved of duty. See Hours of Service for First Time or Intermittent Drivers form. Records of duty status must be maintained, with all supporting documents, for a minimum of 6 months. See Sections 395.8 (a)(2)(ii) and 395.8 (k).

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