When a driver is using an ELD and they send you the logs but all days are sent to email. Exempt duty status is marked "yes" (i.e. they can change their logs). Do we document a violation under False Log or No Record of duty status. They technically don't have and ELD because they can change/update their logs as they need. It is acting more as a paper logbook or aobrd.

1: Can you put a violation down for No Record of duty status if all days sent are in exempt duty status? I believe you can but only if you could prove they were on those logs for more then the 8 days in a 30 day period. Is the exempt duty status mode the same as a driver being on paper logs?

2. Can you immediately put a violation down for false log if they are in exempt duty status? Because the company is able change the logs/edit them or do you have to prove a falsification? They also don't have the required data under 395.26.

Guidance on question #1 and 2 for roadside inspection

It was reported there are currently transfer issues with ELD and eRODS when the driver was in an Exempt Status anytime during the prior 7-day period. Iowa clarified the issue request and explained ELD’s will continue to transfer records to eRODS for dates containing a non-exempt status. However, when ELD records are sent via email all records will be transmitted both exempt and non-exempt days. Discussion questioned if it is an ELD violation for “Failing to Transfer” for dates that are recorded as “Exempt” and fail to transfer to eRODS correctly? Currently, if a driver is not adhering to an HOS Record of Duty status exemption correctly, the violation is documented as a “No Record of Duty Status” violation.

During the discussion it was decided that there was not enough information provided in the current issue request to have an accurate discussion to provide a reasonable response. Additional information was obtained from the issuer. Question was asked, ‘What does an Exempt Status do to an ELD device?’ Per FMCSA and ELD manufacturer, it was explained that the ELD device will continue to record required information while in an Exempt Status. Further discussion explained, if hours of service are recorded properly while utilizing a valid Exempt Status and an ELD failed to transfer to eRODS, a violation of “Failure to Transfer” would exist. If an ELD failed to transfer and as a backup method the inspector reviews the ELD device and it is discovered the hours of service were not recorded due to incorrectly using an exempt status, then a “No Record of Duty Status” or “Fail to Retain Previous Seven Days” violation would exist.