Editorial Note on Part 395
Editorial Note: Nomenclature changes to part 395 appear at 66 FR 49874, Oct. 1, 2001.

§ 395.22 Motor carrier responsibilities—In general. ( a ) *Registered ELD required.* A motor carrier required to use an ELD must use only an ELD that is listed on the Federal Motor Carrier Safety Administration's registered ELDs list, accessible through the Agency's website, *www.fmcsa.dot.gov/devices*.
( b ) *User rights management.* ( 1 ) This paragraph applies to a motor carrier whose drivers use ELDs and to the motor carrier's support personnel who have been authorized by the motor carrier to access ELD records and make or suggest authorized edits.
( 2 ) A motor carrier must: ( i ) Manage ELD accounts, including creating, deactivating, and updating accounts, and ensure that properly authenticated individuals have ELD accounts with appropriate rights;
( ii ) Assign a unique ELD username to each user account with the required user identification data;
( iii ) Ensure that a driver's license used in the creation of an ELD driver account is valid and corresponds to the driver using the ELD account; and
( iv ) Ensure that information entered to create a new account is accurate.
( c ) *Driver identification data.* ( 1 ) The ELD user account assigned by the motor carrier to a driver requires the following data elements: ( i ) A driver's first and last name, as reflected on the driver's license;
( ii ) A unique ELD username selected by the motor carrier;
( iii ) The driver's valid driver's license number; and
( iv ) The State or jurisdiction that issued the driver's license.
( 2 ) The driver's license number or Social Security number must not be used as, or as part of, the username for the account created on an ELD.
( d ) *Motor carrier support personnel identification data.* The ELD user account assigned by a motor carrier to support personnel requires the following data elements: ( 1 ) The individual's first and last name, as reflected on a government issued identification; and
( 2 ) A unique ELD username selected by the motor carrier.
( e ) *Proper log-in required.* The motor carrier must require that its drivers and support personnel log into the ELD system using their proper identification data.
( f ) *Calibration.* A motor carrier must ensure that an ELD is calibrated and maintained in accordance with the provider's specifications.
( g ) *Portable ELDs.* If a driver uses a portable ELD, the motor carrier shall ensure that the ELD is mounted in a fixed position during the operation of the commercial motor vehicle and visible to the driver when the driver is seated in the normal driving position.
( h ) *In-vehicle information.* A motor carrier must ensure that its drivers possess onboard a commercial motor vehicle an ELD information packet containing the following items: ( 1 ) A user's manual for the driver describing how to operate the ELD;
( 2 ) An instruction sheet for the driver describing the data transfer mechanisms supported by the ELD and step-by-step instructions for the driver to produce and transfer the driver's hours-of-service records to an authorized safety official;
( 3 ) An instruction sheet for the driver describing ELD malfunction reporting requirements and recordkeeping procedures during ELD malfunctions; and
( 4 ) A supply of blank driver's records of duty status graph-grids sufficient to record the driver's duty status and other related information for a minimum of 8 days.
( i ) *Record backup and security.* ( 1 ) 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.
( 2 ) A motor carrier must retain a driver's ELD records so as to protect a driver's privacy in a manner consistent with sound business practices.
( j ) *Record production.* 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 § 390.29 of this subchapter.
[80 FR 78385, Dec. 16, 2015, as amended at 88 FR 80192, Nov. 17, 2023]