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"Drivers can expect to be placed out of service if there is evidence the device has been manipulated,” CVSA's Jeremy Disbrow says. (Commercial Vehicle Safety Alliance)

The has a new out-of-service condition effective April 1 for truckers and motor carriers disobeying federal driving limits by tampering with electronic logging devices.

Federal regulation requires every commercial vehicle driver to prepare a record of duty status (RODS) for each 24-hour period. Failing to record, complete or retain a log, or knowingly falsifying logs or other reports, renders a driver and/or carrier liable for prosecution. Logs must be kept current by showing each change in duty status.

This form of electronic data tampering goes beyond typical “false log book” issues, Jeremy Disbrow told Transport Topics.

Disbrow has decades of expertise in commercial motor vehicle safety as a police officer and in his current role as a CVSA roadside inspection specialist.

“The North American Standard Out of Service Criteria is updated annually on April 1, so drivers can expect to be placed out of service if there is evidence the device has been manipulated,” Disbrow said.

CVSA recently released its new inspection bulletin called “2026-02: False Records of Duty Status and Electronic Logging Device Tampering.” The guidance helps inspectors better understand both how to identify ELD tampering and apply the new criteria with an immediate 10-hour OOS order when discovered.

Disbrow said ELD tampering is done often without detection, resulting in:

• Drivers far exceeding regulated limits behind the wheel — significantly heightening risk of fatigued driving and collisions.
• Financial advantages to drivers and motor carriers who undercut legitimate business rates charged by those who adhere to safety regulations.

“Drivers are sometimes forced to participate in this process by their motor carrier, and they are often telling inspectors they are working 19-hour days or more,” he said. “Reputable carriers and drivers are not able to compete with carriers that are manipulating their driver’s records and are working 90 hours or more every week.”

He said the rising prevalence of this unscrupulous and unsafe ELD tampering creates highway safety concerns and “an unlevel playing field for the entire transportation industry” that should concern every reputable motor carrier and owner-operator.

New OOS Condition Explained

The bulletin alerts roadside inspectors to this type of difficult-to-find false RODS in which electronic data leaves no clue in event details to show it has been changed or shifted several days for times, durations and locations of driver rest breaks. The only way inspectors can find altered RODS is comparing supporting documents with the RODS.

“The person manipulating the data is typically changing all of the GPS locations, times and other internal data to make the hours-of-service record appear to be compliant with the hours-of-service limitations,” Disbrow said. “When this is done, there is generally no indication an edit was ever made to the record, which is a requirement in federal regulations and ELD technical standards.”

Sign up for tomorrow's (Tuesday, Feb. 10) webinar to learn about the changes to the out-of-service criteria that will take effect on April 1. We'll also go over new and updated inspection bulletins, and other important information. — CVSA (@CVSA)

One common type of tampering involves drivers who fail to log in to the ELD. The inspection bulletin shows a graphic illustration indicating a trucker drove an hour while in sleeper-berth status, which shows as unidentified driving.

Motor carriers also are breaking the law by creating fake ELD accounts using different variations of a driver’s name in capital and lowercase letters as well as digits, such as John.Appleseed and j.appleseed.

“The driver would alternate logging in to each account to continue driving after hours-of-service limits were met. It is the inspector’s responsibility to prove/verify that a fictitious account was used and document verification efforts in the inspection notes,” according to the bulletin.

CVSA also warned of re-engineered RODS giving truckers extra hours to drive, showing a diesel fuel receipt and the doctored RODS. The electronic record showed the driver off duty for an entire day in Arizona starting at 9 p.m. on Aug. 10, 2024, but the inspector obtained a fuel receipt indicating the driver was buying fuel in Missouri on Aug. 11, 2024.

“Going back several days to Aug. 8, 2024, the inspector finds where the fueling was logged. The RODS was shifted back by three days. Strafford, Missouri, to Tolleson, Arizona, is 1,304 miles. The driver had almost 21 hours of driving time missing from the RODS. In this case, it is not possible to determine when the actual driving and rest periods occurred,” the bulletin stated.

When inspectors cannot determine actual driving times, they are to cite the driver and render an OOS order for 10 consecutive hours.

CVSA, FMCSA Crack Down

ELD tampering recently has become prevalent due to noncompliant ELDs being introduced into the market, Disbrow said.

“These ELDs are intentionally designed to allow the internal data to be manipulated, often by the ELD provider themselves, when requested by the driver or motor carrier during the course of a roadside inspection,” he added.

Disbrow acknowledged the key role roadside inspectors have played nationwide in raising awareness. “Their efforts and diligence have been the catalyst that has exposed this type of manipulation,” he noted.

This year's International Roadcheck is scheduled for May 12-14 with emphasis on cargo securement and ELD tampering, falsification or manipulation. — CVSA (@CVSA)

CVSA has been working with the Federal Motor Carrier Safety Administration to deter the illegal activity.

FMCSA has responded rapidly to reports by CVSA enforcement personnel to investigate ELD providers and revoke these devices quickly.

“It is also important to point out that ELD tampering is a criminal violation in some jurisdictions,” Disbrow said, “which may result in criminal charges or significant fines.”