New CVSA Guidelines: When to Place Drivers Out of Service

CVSA Bulletin Warns of False ELD Logs and Tampering

The Commercial Vehicle Safety Alliance (CVSA) has released new inspection guidance that focuses on false records of duty status (RODS) and electronic logging device (ELD) tampering. The bulletin explains how roadside inspectors should identify violations and determine when a commercial truck driver should be placed out of service.

The guidance was created to help inspectors apply the North American Standard Out-of-Service Criteria consistently during roadside inspections. It also outlines several examples of false logs and tampered ELD records that inspectors may encounter.

For commercial truck drivers and motor carriers, the bulletin highlights how enforcement officers may review electronic logs more closely during inspections.

CVSA Explains False Records of Duty Status

The CVSA bulletin explains that false records of duty status can occur in several ways. One common situation involves misuse of personal conveyance.

Personal conveyance allows drivers to operate a commercial vehicle for limited personal purposes while off duty. However, it cannot be used when the vehicle movement benefits the load or the motor carrier.

In one example described in the guidance, a driver logged about 3.75 hours of driving as personal conveyance while transporting a load. Because the driving was related to work, it should have been recorded as on-duty driving time.

Using personal conveyance in this way creates a false record of duty status and can push a driver beyond the federal hours-of-service limits, including the 11-hour driving limit and the 14-hour on-duty window.

When inspectors identify this type of violation, they may document both the hours-of-service violations and the false log entry.

CVSA Guidance on Unidentified Driving and ELD Logins

Another issue discussed in the CVSA guidance involves drivers who fail to log into the ELD before operating the vehicle.

When a driver is not logged into the device, the ELD may record the movement as “unidentified driving.” In some cases, inspectors can determine that the driver still received enough rest and is safe to continue the trip.

If inspectors can confirm that the driver is still within hours-of-service limits, the violation may be documented while allowing the trip to continue.

However, the situation can become more serious if the unidentified driving causes the driver to exceed allowable driving or on-duty limits.

Focus on ELD Tampering and Fraudulent Accounts

The CVSA bulletin also addresses more serious situations involving ELD tampering. Tampering occurs when someone interferes with the device to make unauthorized changes or alter the recorded data.

One example involves the fraudulent use of driver credentials.

In the scenario described in the guidance, a motor carrier created a second ELD account using a driver’s name but made small changes to the username and commercial driver’s license number. The driver could switch between the two accounts and continue driving after reaching hours-of-service limits.

Inspectors are expected to verify whether a fictitious account was used and document their findings during the inspection.

CVSA Describes Altered Log Records and Missing Driving Time

The CVSA bulletin also highlights cases where electronic logs appear to have been altered or shifted by several days.

In one example, a driver’s logs showed the driver off duty in Tolleson, Arizona. However, a fuel receipt obtained during the inspection showed that the driver had fueled the truck in Strafford, Missouri, the following day.

The distance between the two locations is more than 1,300 miles. After reviewing additional records, inspectors determined that the log data had been shifted back by three days.

Because of the altered records, nearly 21 hours of driving time were missing from the electronic logs. When this happens, inspectors may not be able to determine when the driver was actually driving or resting.

When Drivers May Be Placed Out of Service

The CVSA bulletin explains that enforcement actions depend on the type of violation discovered during the inspection.

If inspectors identify a standard false record of duty status and can determine when the violation occurred, the driver may be cited but allowed to continue the trip if they are still within hours-of-service limits.

However, if the driver has already exceeded those limits at the time of inspection, the driver may be placed out of service until they are eligible to drive again.

More serious cases involve reengineered, reprogrammed, or tampered ELD records. If inspectors cannot determine when the actual driving occurred because the device does not accurately record or retain required data, the driver may be placed out of service for 10 consecutive hours.

How Enforcement May Affect Truck Drivers

The CVSA guidance highlights the importance of accurate electronic logs during roadside inspections.

Inspectors may compare ELD data with supporting documents such as fuel receipts, shipping paperwork, and other records to verify that driver logs are accurate.

Drivers who misuse personal conveyance, fail to log into the ELD, or operate under incorrect accounts may face violations during inspections.

The guidance also explains that inspectors should rely on driver interviews and supporting documentation when investigating possible false logs. According to the bulletin, the goal is to ensure that only drivers who present an imminent safety risk are placed out of service.

As enforcement agencies continue to review electronic logs closely, maintaining accurate records of duty status remains an important compliance issue for commercial truck drivers and motor carriers across the trucking industry.