Short-haul drivers who qualify for either short-haul exception in 49 CFR 395.1(e) do not need an ELD. They keep that ELD exemption as long as they are required to prepare a record of duty status on no more than 8 days in any 30-day period. Beyond short-haul, the ELD rule carves out driveaway-towaway operations, vehicles manufactured before model year 2000, and agricultural operations covered by 395.1(k), and FMCSA has separately exempted rental trucks leased for 8 days or less, along with a few specific industries.
We first covered this topic back in 2020, shortly after FMCSA expanded the short-haul exception. A lot of carriers still search for the "100-mile ELD exemption," but that rule was replaced six years ago. Below is every ELD exemption in effect today, what each one requires, and where carriers most often get it wrong.
The quick answer: who is exempt from the ELD mandate?
Under 49 CFR 395.8(a)(1), a motor carrier may let a driver record duty status on paper instead of an ELD if the driver operates a CMV:
In a manner requiring a record of duty status on not more than 8 days within any 30-day period (this is where most short-haul drivers land);
In a driveaway-towaway operation in which the vehicle being driven is part of the shipment being delivered;
In a driveaway-towaway operation in which the vehicle being transported is a motor home or recreation vehicle trailer; or
That was manufactured before model year 2000, as reflected in the VIN on the vehicle's registration.
Two more groups operate without an ELD for a different reason: they are not required to keep a record of duty status at all. Those are drivers who qualify for the short-haul exceptions in 395.1(e)(1) and (e)(2) on a given day, and drivers covered by the agricultural exemption in 395.1(k). On top of the regulatory exceptions, FMCSA has granted separate exemptions for short-term truck rentals and a handful of specific industries, and Congress has shielded livestock haulers through appropriations language.
Is there a 100-mile ELD exemption?
No. The old short-haul exception was built around a 100 air-mile radius and a 12-hour workday. FMCSA's 2020 hours-of-service final rule expanded it to a 150 air-mile radius and a 14-hour duty period, effective September 29, 2020. If your safety policies, driver handbooks, or dispatch rules still reference 100 miles, update them. Drivers operating between 100 and 150 air miles of their work reporting location can qualify today.
The 150 air-mile short-haul exception (395.1(e)(1))
A driver is exempt from the record of duty status requirements of 395.8 and the supporting document requirements of 395.11 on any day the driver meets all of these conditions:
The driver operates within a 150 air-mile radius (172.6 statute miles) of the normal work reporting location;
The driver, except a driver-salesperson, returns to the work reporting location and is released from work within 14 consecutive hours;
A property-carrying driver has at least 10 consecutive hours off duty separating each 14 hours on duty (8 consecutive hours for a passenger-carrying driver); and
The motor carrier keeps accurate and true time records for 6 months showing the time the driver reports for duty each day, the total hours on duty each day, the time the driver is released from duty each day, and, for drivers used for the first time or intermittently, the total time on duty for the preceding 7 days.
Because a qualifying driver is not required to keep a record of duty status, the driver is not required to use an ELD. Those time records are the driver's compliance file. In audits, missing or incomplete short-haul time records turn an exempt driver into a driver with no hours-of-service records, which is a straight path to a recordkeeping violation. We have a deeper breakdown of the short-haul exception here.
The non-CDL short-haul exception (395.1(e)(2))
Drivers of property-carrying CMVs that do not require a CDL have their own short-haul exception. A driver qualifies if the driver:
Operates a property-carrying CMV that does not require a CDL under Part 383;
Operates within a 150 air-mile radius of the normal work reporting location;
Returns to the normal work reporting location at the end of each duty tour; and
Does not drive after the 14th hour after coming on duty on 5 days of any 7 consecutive days, or after the 16th hour after coming on duty on 2 days of any 7 consecutive days. Read more about this "16-hour" rule here.
The carrier must keep the same 6-month time records required under (e)(1). A driver who qualifies is exempt from 395.8 and 395.11, and therefore from the ELD requirement. A driver using this exception cannot also use the (e)(1) short-haul exception, the 395.1(g) sleeper berth provisions, or the 16-hour exception in 395.1(o).
What short-haul drivers still have to follow
The short-haul exceptions remove the logbook, the ELD, and the supporting document requirements. They also remove the 30-minute break: 395.3(a)(3)(ii) applies the break rule to every driver except those who qualify for either short-haul exception in 395.1(e)(1) or (2).
Everything else stays in place. An (e)(1) short-haul driver is still subject to the 11-hour driving limit, the 14-hour window, and the 60/70-hour limits. Every short-haul driver must still be fully qualified under Part 391, still falls under drug and alcohol testing if operating a CMV that requires a CDL, and still drives a vehicle subject to the Part 396 inspection and maintenance rules.
The 8-days-in-30 rule: what happens when a short-haul driver goes long
Short-haul eligibility is decided driver by driver and day by day. On a day a driver exceeds the radius or the 14-hour limit, the driver must prepare a record of duty status for that day. The 30-minute break also applies that day once the driver reaches 8 hours of driving time. Train drivers to start the log the moment it becomes clear the day will fall outside the exception, not at the end of the shift.
The ELD question turns on how often that happens. Under 395.8(a)(1), a carrier may let the driver log those days on paper as long as the driver is required to prepare a record of duty status on no more than 8 days within any 30-day period. Once the driver hits a 9th day in a rolling 30-day period, the driver needs an ELD.
This is the most common mistake we see with short-haul fleets. A carrier treats a driver as "short-haul" in the abstract, then the driver picks up a run of long days during a busy season and crosses the 8-day line without anyone noticing. If your short-haul drivers occasionally run long, track the days they log, not just the days they work.
We walk through the short-haul exceptions, the 16-hour exception, and the ELD mandate lesson by lesson in our Hours of Service Mini Course through Trucksafe Academy. It is about an hour long and built for safety managers and drivers who need to apply these rules correctly every day.
Driveaway-towaway operations
FMCSA defines a driveaway-towaway operation in 390.5 as one in which an empty or unladen motor vehicle with one or more sets of wheels on the roadway is being transported between manufacturer facilities, from a manufacturer to a dealer or purchaser, from a seller or lessor to a purchaser or lessee, to a terminal or repair facility for crash or component repairs, or by saddle-mount or tow-bar.
The ELD exception covers two versions of that operation: when the vehicle being driven is itself part of the shipment, and when the vehicle being transported is a motor home or recreation vehicle trailer. The logic is practical. A driver delivering a new truck to a dealer cannot be expected to install an ELD in a vehicle the carrier does not own and will hand off at the end of the trip.
A car hauler pulling a trailer of vehicles needs an ELD unless another exception applies, because the power unit in that operation is not part of the shipment.
Vehicles manufactured before model year 2000
Drivers operating a CMV manufactured before model year 2000, as reflected in the VIN on the vehicle's registration, may use paper logs. The 10th character of the 17-character VIN identifies the model year.
FMCSA guidance looks to the engine's model year where the engine and the body differ, such as glider kits or engine swaps. A vehicle with a pre-2000 engine is exempt even if its VIN shows a newer model year. FMCSA's guidance also requires the carrier to keep documentation of the engine change at its principal place of business. Have it ready for any unit you claim under this exception, because a roadside inspector will start with the VIN.
Remember that this exception only removes the ELD. These drivers still keep a full paper record of duty status unless they also qualify for short-haul.
Agricultural operations (395.1(k))
The agricultural exemption is broader than the ELD exceptions above. Under 395.1(k), Part 395 does not apply at all during planting and harvesting periods, as determined by each state, to drivers transporting:
Agricultural commodities from the source to a location within a 150 air-mile radius from the source;
Farm supplies for agricultural purposes from a wholesale or retail distribution point to a farm or other location where they will be used, within a 150 air-mile radius from the distribution point;
Farm supplies for agricultural purposes from a wholesale distribution point to a retail distribution point within a 150 air-mile radius from the wholesale distribution point; or
Livestock within a 150 air-mile radius from the final destination of the livestock.
While a driver is inside that exemption, no hours-of-service limits, logs, or ELD requirements apply. Once the driver operates beyond the 150 air-mile radius, the hours-of-service rules apply. Planting and harvesting periods vary by state, so confirm the dates for every state you operate in. We cover the details in our spotlight on DOT agricultural exemptions.
Rental trucks leased for 8 days or less
FMCSA exempts drivers of property-carrying CMVs rented for 8 days or less from the ELD requirement, through an exemption requested by the Truck Renting and Leasing Association. The current renewal runs from October 12, 2022 through October 12, 2027. These drivers still keep paper records of duty status, and while operating under the exemption the driver must have:
A copy of the FMCSA exemption notice;
The rental agreement in the vehicle, identifying the parties, the vehicle, and the rental dates; and
Records of duty status for the current day and the prior 7 days, if the driver was required to prepare them on those days.
FMCSA treats swapping rental units on 8-day cycles, or renewing the same rental for another 8 days, as a violation of the exemption.
Other FMCSA ELD exemptions in effect
FMCSA has granted a few narrow, industry-specific ELD exemptions. Each one carries its own conditions, so read the Federal Register notice before relying on it:
Film and television production: Drivers transporting to or from theatrical and television production sites under the Motion Picture Association exemption use paper records of duty status instead of an ELD. The exemption runs through January 19, 2028.
Fireworks: Named member carriers of the American Pyrotechnics Association use paper records of duty status from June 28 through July 8 each year, through 2029.
Livestock and insect haulers: Congress has blocked enforcement of the ELD requirement for CMVs transporting livestock or insects through annual appropriations language, and FMCSA's position is that these haulers are not required to have an ELD. That relief lasts only as long as Congress keeps renewing it in each funding bill.
FMCSA has also turned down broader requests. In September 2026, the agency denied the Federation of Professional Truckers' application to let any driver opt back into paper logs.
Exempt from the ELD does not mean exempt from logging
This is the point that trips up the most carriers. Only two groups in this article are free of the record of duty status requirement itself: short-haul drivers on qualifying days and agricultural drivers inside the 395.1(k) exemption. Everyone else on this list still prepares a full record of duty status on every day it is required. They simply do it on a paper graph-grid log instead of an ELD, in duplicate, and submit it to the carrier within 13 days.
Before claiming any exemption, document why the driver or vehicle qualifies. An auditor will ask for proof, and for short-haul drivers, the time records are that proof.
What is coming next
FMCSA's regulatory agenda lists a proposed rule on ELD revisions (RIN 2126-AC50) for November 2026. That proposal follows a 2022 advance notice that asked about ELD malfunctions, the process for removing devices from FMCSA's registered list, technical specifications, device certification, and the pre-2000 engine exception. As of this writing, the proposal is still pending, and the exemptions above stay in place until a final rule takes effect. We will cover it as soon as it is released.
Get your hours-of-service program right
ELD exemptions save carriers money and paperwork, but only when they are applied correctly every day. If you want your team to know exactly when short-haul applies, when a driver needs to start logging, and when an ELD is required, enroll them in the Trucksafe Academy Hours of Service Mini Course. And if you want a second set of eyes on how your fleet is using these exemptions, contact Trucksafe Consulting.
