ELD exemptions: every exception in 49 CFR 395.8, with conditions and a decision table

An ELD exemption lets a carrier have a driver keep paper logs instead of using an electronic logging device. As of October 2026, 49 CFR 395.8 allows it in four cases: records needed on no more than 8 days in any 30-day period, two driveaway-towaway operations, and vehicles built before model year 2000. Drivers who need no log at all need no ELD.

The quick list of who is exempt from the ELD rule:

1. Drivers who need a record of duty status (RODS) on 8 or fewer days in any 30-day period
2. Driveaway-towaway drivers when the vehicle driven is part of the shipment
3. Driveaway-towaway drivers moving a motor home or recreation vehicle trailer
4. Vehicles manufactured before model year 2000, by the VIN on the registration, plus pre-2000 engines under FMCSA guidance
5. Drivers who don't have to keep a RODS at all, such as qualifying short-haul drivers
6. Drivers covered by an FMCSA-granted exemption, such as short-term truck rentals

Every rule below is final and in force as of October 2026, from the current eCFR text, unless a different status is named.

The four ELD exceptions in 395.8

The exceptions sit in 49 CFR 395.8(a)(1)(ii)(A). FMCSA's ELD FAQ cites the same exceptions under an older paragraph number, 395.8(a)(1)(iii). Each is permissive: the carrier "may require" manual logs instead of an ELD.

None of these exempts anyone from the hours of service limits. The 11-hour, 14-hour, 30-minute and 60/70-hour rules still apply. They're in our hours of service rules guide.

The 8 out of 30 days ELD exception

This exception covers drivers who usually don't need a log, such as local drivers who sometimes run past the short-haul limits. The window rolls. FMCSA's ELD FAQ says "The 30-day period is not restricted to a single month, but applies to any 30-day period. For example, June 15 to July 14 is considered a 30-day period."

Worked example (illustration only). A local driver needs a RODS on these days: September 3, 9, 12, 18, 22, 26 and 29, and October 1. That is 8 days. All of them fall inside the 30-day window from September 3 to October 2, so paper logs are fine so far.

If the driver also needs a RODS on October 2, that is a 9th day inside the same window. From that point the 8-of-30 exception no longer covers the driver, and the carrier needs an ELD for those days unless another exception applies.

FMCSA said the same thing about short-haul drivers in its 2020 hours of service rule. Drivers who exceed the short-haul limits can do so for up to 8 days in any 30 with paper logs, "or for more than 8 days in any 30-day consecutive period with an ELD" (85 FR 33412).

Keep the evidence. FMCSA's FAQ says that for this exception, "Authorized safety officials may inspect and copy motor carrier records and request any records needed to perform their duties." Time records that show which days needed a log make the count easy to prove.

ELD exemption for pre-2000 engines

The rule text uses the vehicle's model year by VIN. FMCSA's guidance adds the engine. Its FAQ says that when a vehicle is rebuilt with a glider kit or has its engine swapped, "Vehicles with engines predating model year 2000 are also accepted and are not required to have an ELD, even if the VIN reported on the registration indicates that the commercial motor vehicle (CMV) is a later model year."

Three conditions travel with that guidance:

• Documentation. The driver doesn't have to carry proof of the engine year. But the FAQ points to 49 CFR Part 379 Appendix A, which requires carriers to keep documentation of motor and engine changes at the principal place of business.
• The reverse case. A truck of model year 2000 or newer that was built without an engine control module is still subject to the ELD rule. It needs an ELD that meets the accuracy rules without engine data.
• Voluntary use is allowed. A carrier may use an ELD on a pre-2000 truck, as long as the device meets the technical specifications.

Status. In a 2022 advance notice, FMCSA asked whether it should "re-evaluate or modify the applicability" of the ELD rule for rebuilt or remanufactured engines and glider kits (87 FR 56921). That notice was a request for comments, not a rule. A Federal Register search on October 20, 2026 found no proposed or final rule following it, so the current text and FAQ still apply.

Driveaway-towaway ELD exemptions

Both driveaway-towaway exceptions turn on what is being delivered. The first applies when the truck being driven is itself the shipment, such as a new truck delivered to a dealer. The second applies when the vehicle being transported is a motor home or a recreation vehicle trailer.

The edges are narrow. FMCSA's FAQ says moving mobile or modular homes does not qualify, because the vehicle doing the hauling "is not part of the shipment," and the load is neither a motor home nor a recreational vehicle trailer.

Who doesn't need a log at all

If a driver doesn't have to keep a RODS, the ELD rule doesn't reach them either. FMCSA's FAQ: "Motor carriers with operations that are exempt from the requirements of § 395.8 are exempt from the ELD rule." The main groups, all in 49 CFR 395.1:

Short-haul is the exemption most fleets use, and it has the most conditions. See our 150 air-mile exemption guide for a worked week. Private motor carriers of passengers (nonbusiness) are also outside the 395.8 log requirement.

FMCSA-granted ELD exemptions

FMCSA can also grant time-limited exemptions through the Federal Register. These three were in effect on October 20, 2026, by the terms of their own notices. FMCSA grants others to specific applicants, so search the Federal Register for your operation before you rely on one.

Rental drivers still follow the hours of service limits and keep a paper RODS when one is required. FMCSA's FAQ lists what the driver and carrier must keep for the rental exemption: a copy of the Federal Register notice or the signed FMCSA exemption, the rental agreement showing the parties, the vehicle and the rental dates, and the RODS for the current day and prior 7 days when required.

Broad requests get denied. On September 30, 2026, FMCSA denied an application that asked to let professional drivers choose manual logs instead of an ELD. It found the exemption "would not achieve a level of safety that is equivalent to, or greater than" the rule (91 FR 61914).

What exempt drivers still have to do

An ELD exemption swaps the device for paper. It doesn't remove the record. Under 395.8:

• The paper RODS is recorded "in duplicate for each 24-hour period" on the graph grid.
• The driver submits it to the carrier within 13 days.
• The driver carries the previous 7 consecutive days of records while on duty.
• The carrier keeps RODS and supporting documents for 6 months.

If the truck has an ELD anyway, the carrier sets up the exemption, not the driver. A carrier "may configure an ELD to designate a driver as exempt from ELD use" (395.28(b)). FMCSA's FAQ adds that a driver "cannot change their status to exempt," and that the default for a new driver account must be "no exemption." A driver working under any other exception must annotate the ELD record to explain it (395.28(c)).

Decision table: does this driver need an ELD?

Work down the table and stop at the first "yes".

Common ELD exemption mistakes

• Counting by calendar month. The 8-of-30 test rolls day by day.
• Treating "exempt" as "no rules." Most exempt drivers keep paper logs and all hours of service limits still apply.
• No engine paperwork. The pre-2000 engine allowance depends on the carrier's engine-change records.
• Letting drivers flip to exempt. Only the carrier configures an exempt account.
• An expired exemption. FMCSA exemptions have end dates. Check the notice before each season.

If the answer is an ELD after all, our list of the best ELD for small fleets shows registered options with published prices.

Next steps

Run each truck and driver through the decision table, keep the records each exemption depends on, and recheck when routes change.

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This article is general information, not legal advice. Confirm requirements against the current regulation text and with your compliance counsel.