49 CFR § 395.24
Driver and motor carrier responsibilities, In general
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What does 49 CFR § 395.24 require?
49 CFR 395.24 specifies how drivers and carriers must USE the ELD. Driving time recorded by the ELD is locked, when the vehicle moves above 5 mph, ELD logs driving time automatically and that record cannot be edited. Other duty status (on-duty, off-duty, sleeper berth) is driver-entered. Edits to non-driving records require driver approval; both original and edited values are kept with timestamps. Annotations are required when claiming exceptions (adverse conditions, agricultural, oilfield) so inspectors can interpret the data.
Regulation text (summary)
Drivers must operate the ELD as required and annotate records to clarify duty status. ELDs automatically record driving time when the vehicle is moving above 5 mph: this time cannot be edited or recategorized. Other duty status changes (on-duty, off-duty, sleeper berth) must be entered manually by the driver. Edits to existing records require driver approval; the original and edited values are both retained with timestamps. Annotations must be added when the driver claims an HOS exception (e.g., adverse conditions, agricultural commodity, oilfield) so inspectors can understand the apparent rule deviation.
Read full regulation at eCFR.govWho must comply with 49 CFR § 395.24?
Every CMV driver required to use an ELD under 49 CFR 395.8, and every motor carrier dispatching such drivers. Owner-operators are subject to identical requirements.
What happens if you violate 49 CFR § 395.24?
Civil monetary penalties set by 49 CFR 386 Appendix B: up to $1,584 per day, capped at $15,846, for recordkeeping violations, or up to $19,246 for non-recordkeeping violations. Common citations: driving time edits (forbidden), edits without driver approval (falsification), missing annotations for exception claims, ELD not in use when driving (e.g., driver logged in to wrong account). Falsification of driving time can result in criminal penalties up to $11,000 plus felony exposure. CSA HOS Compliance BASIC severely affected.
Roadside citations
Put driver out of service
CSA BASIC
39524HOS (ELD) - ELD Form and Manner59,75439524DELDPTHOS (ELD) - On request by an authorized safety official a driver must produce and transfer from an ELD the driver's hours of service records in accord13,41939524C2IIIDriver failed to manually add shipping document number9,989
Penalty: Up to $19,246 for a non-recordkeeping violation, or $4,812 where committed by the driver. Related recordkeeping failures are charged at up to $1,584 per day, capped at $15,846. 49 CFR 386, Appendix B
Source: FMCSA SMS Input - Violation (Rolling 24-month SMS window). Retrieved 2026-08-11.
How to comply (implementation checklist)
- 1Train drivers on ELD duty status entries: on-duty driving, on-duty not driving, off-duty, sleeper berth.
- 2Configure ELD to require login on every dispatch: prevent shared-account driving.
- 3Implement annotation requirements: adverse conditions, agricultural, oilfield, personal conveyance.
- 4Use the ELD's edit-with-approval workflow for any non-driving status correction.
- 5Train drivers to NEVER attempt to edit driving time.
- 6Audit edit logs weekly for unusual patterns (frequent dispatcher-suggested edits to particular drivers).
- 7Document any HOS exception claim with detailed annotation.
Common misinterpretations
- Misinterpretation: 'I can edit driving time if it's wrong.' Reality: 49 CFR 395.24(c) explicitly prohibits editing driving time. ELD-recorded driving time (vehicle moving above 5 mph) is locked. Errors in other categories can be edited with approval; driving time itself cannot.
- Misinterpretation: 'A dispatcher can add annotations.' Reality: Annotations are driver entries explaining the driver's status. Dispatchers cannot annotate on behalf of the driver. The dispatcher can SUGGEST an annotation; the driver enters it and approves.
- Misinterpretation: 'Personal conveyance time doesn't need annotation.' Reality: Personal conveyance (PC) is a special category under 49 CFR 395.20 + 395.36. The driver must annotate the use of PC and the trip purpose so inspectors understand the apparent off-duty status while the vehicle is moving.
How FileFlo handles 49 CFR § 395.24
FileFlo's compliance rule-pack ELD-49CFR395.24 automatically checks every document you upload against this regulation. Auto-detects document type, parses key fields, sets renewal alerts, and surfaces this section in your audit binder if a gap is found.
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Frequently asked questions
Can ELD driving time be edited?▾
No. 49 CFR 395.24(c) prohibits edits to ELD-recorded driving time. When the vehicle is moving above 5 mph, the ELD records driving time and that record is locked. Other duty statuses can be edited with driver approval.
How do edits to non-driving records work?▾
Edits use the ELD's approval workflow: carrier (or driver themselves) suggests the edit, the driver reviews and approves, the ELD logs both the original value, the edited value, and timestamps for both. Edits without driver approval are falsification.
What is an ELD annotation?▾
A driver-entered note explaining a specific duty status or exception. Required when claiming HOS exceptions (adverse driving conditions, agricultural commodity, oilfield, personal conveyance, yard moves) so inspectors can interpret the data accurately.
Can multiple drivers share an ELD account?▾
No. Each driver must have their own ELD account and log in personally. Shared accounts make driver assignment impossible to verify and constitute records-falsification exposure.
What's the difference between 49 CFR 395.22 and 49 CFR 395.24?▾
49 CFR 395.22 = carrier-level ELD responsibilities (equip, train, retain, don't harass). 49 CFR 395.24 = driver and carrier responsibilities for the ACTUAL USE of the ELD (logging duty status, edits, annotations).
What happens if a driver logs in to the wrong account?▾
It's a serious violation: driving time records to the wrong driver. The misassignment can be corrected via the ELD's edit-with-approval workflow once detected, but multiple instances suggest systematic issues. Carriers must train drivers to verify their login before driving.
Related regulations
Related guides
Sources + reviewer
Primary source: eCFR.gov: 49 CFR § 395.24
Reviewed by Chad Griffith (Founder + CEO, FileFlo) on