ELD Exemptions 2026: 6 Ways Drivers Qualify
The ELD mandate applies to drivers who are required to keep records of duty status. That still leaves a long list of drivers who do not need one. Some exemptions are about the truck, some about the trip and some about the cargo. Getting it wrong is expensive, because driving without a required log can put a driver out of service. Here are the six main exemptions, based on 49 CFR 395.8(a) and 395.1.
The 6 Exemptions at a Glance
| Exemption | Who qualifies | What you still need |
|---|---|---|
| Short haul | Drivers within 150 air miles who return and are released within 14 hours (12 for passenger carriers) | Time records |
| Pre 2000 engine | Trucks with an engine model year older than 2000 | Paper logs |
| 8 days in 30 | Drivers who need logs on no more than 8 days in any 30 day period | Paper logs on those days |
| Driveaway towaway | Drivers delivering the vehicle itself, or a vehicle being towed in a saddle mount | Paper logs |
| Short rentals | Rental trucks rented for 8 days or less | Paper logs and the rental agreement |
| Agricultural and livestock | Hauling farm commodities within 150 air miles of the source | Nothing for the exempt part of the trip |
1. Short Haul
Drivers who stay within 150 air miles of their normal work reporting location and are released within 14 hours do not need a record of duty status at all, so no ELD. The carrier keeps time records showing start and end times and total hours for 6 months. If a driver goes over 150 air miles or 14 hours more than 8 times in 30 days, he needs an ELD from the 9th time on.
2. Trucks With Pre 2000 Engines
The exemption follows the engine, not the vehicle. A glider kit built in 2020 with a 1998 engine is exempt, while a 1999 truck with a 2005 replacement engine is not. Keep the engine documentation in the truck. Our guide to ELDs for older trucks covers this in detail.
3. Logs on 8 Days or Fewer in 30
Drivers who usually run short haul but occasionally go further can use paper logs as long as they need logs on no more than 8 days in any rolling 30 day period. The count is per driver, not per truck.
4. Driveaway Towaway
If the vehicle you are driving is the cargo being delivered, such as a new truck going to a dealer, you are exempt. The same goes for a vehicle being transported in a driveaway towaway operation, such as one towed in a saddle mount. A motorhome or RV being delivered is also included.
5. Short Term Rentals
FMCSA allows drivers of rental trucks rented for 8 days or less to use paper logs. The driver must carry the rental agreement showing the dates. A rental of 9 days or more needs an ELD from day one.
6. Farm and Livestock Hauls
Hours of service rules do not apply during the agricultural commodity exemption, which covers trips within 150 air miles of the source. Time spent inside that radius does not need to be logged at all. Our guides to the agricultural ELD exemption and the livestock hauler exemption explain the details.
Exemptions That Are Not Real
| Claim | The reality |
|---|---|
| "Owner operators are exempt" | No. Authority type has nothing to do with it |
| "Small fleets are exempt" | No. Fleet size does not matter |
| "Intrastate drivers are exempt" | Only if your state has not adopted the rule for intrastate traffic, and most have |
| "Old trucks are exempt" | Only if the engine model year is before 2000 |
Our page on ELD myths and facts covers more of these.
How to Prove an Exemption at Roadside
An officer will not take your word for it. Carry what shows you qualify: time records for short haul, engine paperwork for older trucks, the rental agreement for short rentals, or bills of lading showing the source of a farm load. If you are close to a limit, such as the 8 days in 30 count, an ELD can be cheaper than the risk. Budget devices such as HOS247 start at about $19 a month.
Frequently Asked Questions
Do short haul drivers need an ELD?
No, as long as they stay within 150 air miles and are released within 14 hours. They need time records instead.
Is my older truck exempt from the ELD rule?
Only if the engine model year is older than 2000. The vehicle model year does not decide it.
Can I use paper logs in a rental truck?
Yes, if the truck is rented for 8 days or less and you carry the rental agreement.
Sources
- 49 CFR 395.8(a)(1)(iii), eCFR, checked October 2026.
- 49 CFR 395.1(e) and 395.1(k), eCFR, checked October 2026.
- FMCSA ELD exemptions guidance and FAQ, eld.fmcsa.dot.gov, checked October 2026.
- HOS247 pricing page, checked October 2026.