Section 395.8 governs the driver's record of duty status. Most CMV drivers must use an electronic logging device under §395.20–§395.38; some short-haul and other exemptions allow paper logs or no logs at all under specific conditions.
What "current" means
The RODS must reflect the driver's current duty status. After every change of duty status — driving, on-duty not driving, off-duty, sleeper berth — the log must be updated. ELDs handle this automatically when configured correctly; paper logs require driver discipline.
Common findings
- Log not current to the last change of duty status.
- ELD malfunction without the §395.34 procedures followed.
- Missing previous-7-days RODS at roadside.
- Driver unable to produce the log on demand.
OOS criteria
A driver who cannot produce a current RODS is placed out of service for 10 hours (or 8, depending on cycle). This drives the OOS rate that feeds the HOS Compliance BASIC.
How to prevent it
- Verify the ELD self-test passes before every dispatch.
- Train the driver on the §395.34 malfunction procedures: contact carrier within 24 hours, paper log until corrected, repair within 8 days.
- Retain six months of supporting documents per §395.11 — the auditor cross-references them against the RODS.
How Roadworthy HQ helps
Roadworthy HQ stores ELD malfunction reports, paper logs (when applicable), and the supporting documents that auditors compare against your RODS. The §395.11 retention period is enforced.