8.5

Edits

Edits, annotations, and the parts of the record nobody may change

The question every driver has about an electronic log is whether somebody else can quietly alter it, and § 395.30 answers it directly. Accuracy is a shared duty — driver and carrier must both ensure the records are accurate — but the acts are not shared equally. The driver reviews the records, edits and corrects what is inaccurate, enters what is missing, and certifies the result by affirmatively selecting “Agree” beneath a statement that reads: I hereby certify that my data entries and my record of duty status for this 24-hour period are true and correct. That certification is due immediately after the final required entry has been made or corrected for the period, and if edits become necessary after the records have gone to the carrier, the driver must recertify once they are made. Edits are permitted subject to whatever limits the device imposes, and every change or addition must be annotated — by the driver or by support personnel, but annotated either way. An edit without a reason attached is not a correction the rule recognizes.

The carrier’s power over the record is real and it is bounded at both ends. On reviewing what a driver has submitted, a carrier MAY request edits to ensure accuracy. It may not request them before the driver has submitted the records, and it cannot make them stick on its own: the driver must confirm or reject any proposed change, implement the edits, and recertify and resubmit before a carrier-proposed change takes effect. § 395.30(d)(3) generalizes the point past carriers — edits requested by any system or by any person other than the driver require the driver’s electronic confirmation or rejection. Two further limits close the loop. A carrier may not coerce a driver into a false certification of their entries or duty status. And under § 395.30(f) a carrier must not alter or erase, or permit or require the alteration or erasure of, the ORIGINAL information collected about the driver’s hours, the source data streams behind it, or information in any device that uses them. Edits sit on top of the original record; they do not replace it.

One category of record arrives already belonging to nobody. § 395.32 requires the device to associate non-authenticated operation with a single account labeled “Unidentified Driver” as soon as the vehicle moves with no driver logged in — a yard shunt, a mechanic’s road test, a driver who forgot. When a driver next logs in and is prompted, they must review that unassigned driving time and either assume the records that are theirs under their own account or indicate that the records are not attributable to them. Doing neither is not one of the options. The carrier then has its own duty: to ensure unidentified driving is reviewed and either annotated with an explanation of why the time is unassigned or assigned to the right driver, to retain those records for each device for a minimum of 6 months from receipt, and to make them available during a safety inspection, audit or investigation.

Read together with § 8.4, the design of the whole subpart comes into focus. The device writes what happened, the driver alone can say what it means, and the carrier can ask for a correction but never make one — and the first version of the record survives all of it.

Key terms

RecertificationAnnotationMotor carrier-proposed editUnidentified DriverOriginal information