CVSA Cracks Down on ELD Tampering: What to Know

Electronic logging devices (ELDs) were meant to take the guesswork out of logbooks and keep fatigued drivers off the road. But it didn’t take long for some to figure out how to game the system. Now, the Commercial Vehicle Safety Alliance (CVSA) is drafting a new inspection bulletin aimed at stopping ELD tampering in its tracks.

Below, we provide a:

• Refresher on the ELD Rule
• Quick overview of ELD tampering
• Explanation of why ELD tampering is so problematic
• Recap of what the CVSA is doing
• List of what motor carriers can do

What is the ELD Rule?

The Electronic Logging Device (ELD) Rule, which was first published in 2015 and went into effect in late 2017, bans the use of unreliable paper logs and instead requires commercial drivers to use ELDs to automatically record their driving time as well as other aspects of hours-of-service (HOS) records.

In a nutshell, the ELD Rule requires most commercial drivers who track hours-of-service to use an FMCSA-registered electronic logging device.

The ELD Rule also:

• Sets technical and performance standards for ELDs
• Requires devices to be certified and listed with the FMCSA
• Outlines what supporting documents drivers and carriers must retain
• Prohibits driver harassment based on ELD data, and gives drivers a way to report it if it happens

Is ELD Tampering a New Trend?

Not exactly. Just as people figured out ways to cheat on paper records, people quickly learned how to cheat ELDs. What is new is the level of scale. A cottage industry has blossomed with third-party vendors, usually based outside the U.S., that do the dirty work, editing the logs and adding hours back in, without any trace that the log has been edited or manipulated.

Editing an ELD without a trace is a direct violation of the FMCSA’s EDL rule, which states “that all edits, whether made by a driver or the motor carrier, be annotated to document the reason for the change. For example, an edit showing time being switched from ‘off duty’ to ‘on-duty not driving’ could be annotated by the carrier to note, ‘Driver logged training time incorrectly as off duty.’ This edit and annotation would then be sent to the driver for approval.”

The FMCSA goes on to say, “Both the driver and authorized carrier staff can make limited edits to an ELD record to correct mistakes or add missing information. All edits must include a note (annotation) to explain the reason for the edit. In addition, the driver must confirm (certify) that any carrier edit is accurate, and resubmit the records.”

Why is ELD Tampering So Problematic?

Ensuring drivers get proper rest is essential in making our roadways safer. Truck driver fatigue is a serious issue that can lead to devastating accidents, according to the FMCSA. That’s why illegal editing of ELDs is particularly problematic.

A recent example that’s received a lot of press is the NTSB probe of a 2022 fatal crash involving a truck driver and a party bus. The NTSB uncovered a scheme involving the manipulation of the driver’s ELD—a scheme that the motor carrier was well aware of and encouraged.

Bottom line: Carriers and drivers who try to circumvent HOS regulations and manipulate ELDs put everyone at risk.

What Action is the CVSA Taking?

The CVSA is in the process of drafting an inspection bulletin that could crack down on potential ELD manipulation.

A draft version is expected to be reviewed and voted on by CVSA membership at its fall 2025 conference. The bulletin will take a two-prong approach:

• The first offers guidance on how inspectors can recognize a manipulated HOS record.
• The second involves adding an update to the out-of-service criteria (OOSC). CVSA is weighing whether the OOS period should be 10 hours (as initially proposed in 2024) or extended to 34 hours (as formally requested in July 2025).

Any approved changes would take effect April 1, 2026, when the next OOSC update goes into effect. You can stay updated on the CVSA’s inspection bulletins here.

What Can Motor Carriers Do?

Practice what you preach (or what you should be preaching).

Do your drivers feel pressured to drive fatigued or ignore proper rest breaks? Remember, employees take their cues from owners, management, and dispatch. If you’re telling drivers that you expect them to follow HOS rules, but then you or someone else on your team pushes them to drive when they should be resting, or if shortcuts are taken to alter records, it creates compliance issues that ultimately put everyone on the road at risk.

Educate drivers about the importance of taking breaks and the dangers of fatigued driving.

During the hiring process, make it clear that you respect the law, that you encourage drivers to follow regulations around breaks and rest, and that manipulating ELDs is strictly verboten.

Bottom line: Don’t panic.

If you and your drivers already take ELD compliance seriously, you shouldn’t have to worry about any potential changes. Remember, inspectors aren’t interested in penalizing motor carriers who follow the rules. They aim to identify and catch those who are genuinely violating the law and endangering everyone.

That said, a good way to show that your business is serious about DOT compliance is to ensure you’re doing everything by the book.

If you don’t have an ELD or are looking for a more reliable partner, the team at US Compliance Services would be happy to help.