ELD Exempt: HOS & Pre-Trip Record Requirements for Carriers

by David Roberts DOTHoursofService.com

If your trucking company qualifies for an ELD exemption, you’re still required to maintain proper records. Many carriers assume ELD-exempt status means “no paperwork,” but that’s a costly mistake. Here’s exactly what ELD-exempt companies must keep for Hours of Service (HOS) and pre-trip inspections under current FMCSA/DOT rules.

Pre-Trip Inspection Requirements

Every driver must perform and document a pre-trip inspection before operating a commercial motor vehicle — regardless of ELD status.

Key Regulations:

49 CFR 392.7 – Driver must ensure the vehicle is in safe operating condition.
49 CFR 396.13 – Driver must review the previous Driver Vehicle Inspection Report (DVIR) and verify repairs were made.

What You Must Keep:

A completed pre-trip DVIR for each driver, each day the vehicle is operated.
Documentation of any defects found and confirmation they were corrected.
Electronic signatures and timestamps are fully acceptable.

Retention: DVIRs must be kept for at least 3 months.

Your app or logging software should allow drivers to complete a digital checklist, note defects with photos, review prior reports, and sign electronically. This satisfies FMCSA’s electronic records rule (49 CFR 390.32).

HOS / Records of Duty Status (RODS) Requirements

ELD-exempt drivers are not required to use a registered ELD, but most still need to track their hours.

When Records Are Required:

When operating beyond short-haul exceptions (e.g., more than 8 days in any 30-day period).
Driveaway-towaway operations and pre-2000 model year vehicles also fall under these rules.

What Must Be Recorded (49 CFR 395.8):

Date, time, and location of duty status changes
Hours spent in each category: Off Duty, Sleeper Berth, Driving, On-Duty Not Driving
Total miles driven and vehicle identification
Driver’s daily certification/signature

Acceptable Formats for Exempt Carriers:

Paper logs (traditional)
Electronic logging software programs (your app qualifies)

Retention Period: Carriers must retain HOS records and supporting documents for 6 months.

Summary of Record Requirements Table

Record TypeFrequencyRetention PeriodKey RegulationPre-Trip DVIRDaily per driver3 months396.11 / 396.13HOS / RODSWhen required6 months395.8Supporting DocumentsAs needed6 months395.8(k)

Best Practices for ELD-Exempt Carriers

Use a reliable mobile app that generates professional, downloadable reports with proper code references.
Train drivers on accurate record entry — falsification carries heavy fines.
Keep records easily accessible for roadside inspections and audits.
Monitor exemption thresholds closely. Exceeding them automatically triggers the full ELD mandate.

Staying compliant with HOS records and pre-trip inspection records protects your authority, avoids fines, and keeps drivers safe — even when you’re ELD exempt.

Bottom line: Exemption from the ELD device does not mean exemption from record-keeping. Proper documentation of pre-trip inspections and hours of service remains mandatory for most operations.

Need help implementing compliant digital records in your fleet? Comment below or contact us — we help ELD-exempt carriers streamline compliance without the hassle of full ELD systems.