§395.34 governs how edits and unidentified driving time are handled in the ELD. Edits to an existing record must be annotated by both the editor and the driver; original records may not be deleted or overwritten — they remain visible along with the edited version. Unidentified driving time (movement recorded with no driver logged in) must be either annotated and assigned to the correct driver or, if it truly belongs to the carrier (mechanic moves, yard repositioning), annotated and retained as such.
Severity weight
Severity weight 1 in the HOS Compliance BASIC. The weight is low in isolation but a §395.34 finding is the most common precursor to a §395.8 "false record" citation (weight 7) — auditors look at the pattern of edits, who made them, and whether unidentified driving time is being absorbed by the carrier rather than assigned.
What auditors look for
- Edits to driving time that move it into off-duty or sleeper berth — the single most-cited pattern.
- Bulk unidentified driving time the carrier never assigns. Best practice is to assign or annotate within 8 days.
- Edits by dispatch or office staff without the driver's confirmation.
How to prevent it
- Train drivers and office staff that the original record stays — they are not "fixing" anything, they are adding an annotated edit.
- Set a weekly cadence to clear unidentified driving time. Anything older than 7 days should be assigned or annotated.
- Never edit driving time itself; annotate the surrounding off-duty/sleeper-berth periods instead.
How Roadworthy HQ helps
ELD edit events logged in Roadworthy HQ link to both the driver and the office user who made them. Unidentified-driving-time accumulation surfaces in the HOS dashboard before it becomes a §395.8 false-record finding, and the corrective-action note is generated for §385.337.