49 C.F.R. § 395.28
Special driving categories; other driving statuses.
Cite as 49 C.F.R. § 395.28 (2026)
(a)
Special driving categories
—(1)
Motor carrier options.
A motor carrier may configure an ELD to authorize a driver to indicate that the driver is operating a commercial motor vehicle under any of the following special driving categories:
(i) Authorized personal use; and
(ii) Yard moves.
(2)
Driver's responsibilities.
A driver operating a commercial motor vehicle under one of the authorized categories listed in paragraph (a)(1) of this section:
(i) Must select on the ELD the applicable special driving category before the start of the status and deselect when the indicated status ends; and
(ii) When prompted by the ELD, annotate the driver's ELD record describing the driver's activity.
(b)
Drivers exempt from ELD use.
A motor carrier may configure an ELD to designate a driver as exempt from ELD use.
(c)
Other driving statuses.
A driver operating a commercial motor vehicle under any exception under § 390.3(f) of this subchapter or § 395.1 who is not covered under paragraph (a) or (b) of this section must annotate the driver's ELD record to explain the applicable exemption.
- Cross-references to the CFR
- 390.3395.1