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What an ELD Is
An electronic logging device connects to the vehicle’s engine and records driving time automatically. Under 49 CFR Part 395 subpart B it is required for most drivers who must keep records of duty status, replacing the handwritten logbook that preceded it.
The change was aimed at a specific problem. A paper logbook recorded what a driver wrote down, which is not the same thing as what the driver did. An ELD records engine-derived data, so driving time is captured whether or not anyone chooses to record it.
What It Records
The regulation specifies the data elements. Broadly, an ELD captures:
- Engine power status, and whether the vehicle is in motion.
- Date, time, and location information at defined intervals and events.
- Engine hours and vehicle miles.
- Driver identification, and the duty status selected.
- Edits and annotations, including who made them — which matters, because the edit history is itself evidence.
That last point is the one most often missed. An ELD record is not only a statement of hours; it is a record of every change made to that statement, by whom, and when. A pattern of edits around a crash date is a fact a paper log could never have produced.
What It Does Not Record
An ELD is a driving-time device, not a black box, and treating it as one leads to bad assumptions.
| What people assume | Reality |
|---|---|
| Speed at impact | Not an ELD function. That comes from the engine control module or event data recorder — see black box evidence. |
| Braking and throttle | Also ECM data, not ELD. |
| Whether the driver was rested | It records time off duty. Time off duty is not sleep, and the regulation cannot distinguish them. |
| Non-driving work | Loading, detention, and inspections are on-duty time the driver selects manually, so it is only as accurate as the selection. |
| Personal conveyance | A permitted status that can be selected for off-duty movement, and one that is examined closely after a crash. |
Exemptions matter too. Not every commercial vehicle carries an ELD — the regulation contains exceptions, including for certain older engines and for drivers who use records of duty status infrequently. Establishing whether a particular truck was required to have one is a first step, not an assumption.
How It Is Used in a Claim
ELD data does three things in a truck case, and the third is the least obvious.
- It establishes whether the driver was within the hours limits. A violation is not automatically negligence, but it is a documented breach of a federal safety rule, and it is difficult to characterize as an oversight.
- It corroborates or contradicts other records. Fuel receipts, toll records, dispatch messages, and bills of lading all carry times and places. Where they disagree with the log, the disagreement is the finding.
- It shows the carrier’s pattern. A single driver over hours is a driver problem. A fleet routinely running to the edge of the window is a scheduling decision, which points at the company rather than the individual — see who is liable.
All of which depends on getting the data. The retention period is six months under 49 CFR § 395.22, which is shorter than Florida’s two-year filing deadline under Fla. Stat. § 95.11(5)(a). Our post on the retention clocks lists each period.
What This Means Practically
- Ask for ELD data early, in writing. Six months is the floor, and the request should name the device data and the supporting documents, not just
the logs
. - Ask for the edit history, not only the record. They are different productions and the second is often the more useful one.
- Ask for a period, not a day. Thirty days before the crash shows pattern; the day of the crash shows a snapshot.
- Ask for the supporting documents too. Fuel, tolls, dispatch, and bills of lading are what the log is checked against.
- Do not assume an ELD existed. Establish whether the vehicle was required to have one before building an argument on its absence.
None of this is urgent because of the filing deadline. Florida gives two years for negligence claims accruing on or after March 24, 2023 under Fla. Stat. § 95.11(5)(a), and fault is apportioned under Fla. Stat. § 768.81. It is urgent because the records expire in six months, and the deadline that matters is the one nobody sends you a reminder about.
Frequently Asked Questions
What is an ELD?
How long does a trucking company keep ELD data?
Does an ELD record how fast the truck was going at impact?
Can ELD records be edited?
Shiner Law Group, P.A.
Founded by David I. Shiner, Esq. · AV Preeminent® rated · Florida Bar member since 2002
Shiner Law Group was founded by David I. Shiner, Esq., a Nova Southeastern University law graduate, a member of The Florida Bar since 2002, and AV Preeminent® rated by Martindale-Hubbell. The firm represents injured people across Florida from offices in Boca Raton, West Palm Beach, Fort Lauderdale, Fort Pierce, Orlando, Wellington, and Belle Glade, and handles truck accident cases on contingency: free consultations, and no fee unless there is a recovery.
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