Paper logs instead of an ELD: FMCSA denies the Federation of Professional Truckers exemption request

Where things stand on October 17, 2026: on September 30, 2026, FMCSA published a notice of final disposition (docket FMCSA-2025-1282) denying the application of the Federation of Professional Truckers (FOPT). FOPT asked for an exemption from the electronic logging device (ELD) requirements, to give professional drivers the option to record their records of duty status (RODS) manually instead of using an ELD. FMCSA denied the request. No later document has been published in the same docket.

What the regulations say today

According to the notice, under §395.8(a)(1)(i), drivers required to prepare RODS must do so using an ELD. Under §395.8(a)(1)(iii)(A)(1), a motor carrier may allow its drivers to prepare RODS manually, rather than use an ELD, if the driver is operating a commercial motor vehicle (CMV):

[i]n a manner requiring completion of a record of duty status on not more than 8 days within any 30-day period.

What FOPT asked for

• An exemption to allow professional drivers the option to record their RODS manually, instead of using an ELD.
• According to FMCSA, FOPT proposed that the exemption would apply to all drivers who wanted to use it, not just to FOPT members.
• FOPT said it would educate its members to ensure accuracy in paper log completion, that participating carriers would conduct random internal audits, and that violations of hours-of-service limits by paper log users would result in exclusion from the exemption program.

FMCSA described the application in detail in a notice published on February 9, 2026, and says the facts have not changed.

The public comments

FMCSA received 901 public comments, 890 of them unique. Most commenters were individuals who supported the exemption. According to FMCSA, common themes among supporters included the potential to reduce driver stress and improve safety by giving drivers more flexibility and autonomy, and reducing overall costs to the trucking company. Many commenters also raised the issue of finding adequate truck parking.

Among other comments:

• The Truck Safety Coalition, Citizens for Reliable and Safe Highways, and Parents Against Tired Truckers, in a joint comment, said FOPT failed to provide information on the scope of the request, such as the number of carriers and drivers involved and how many miles would be driven.
• The Institute for Safer Trucking and Road Safe America commented jointly in opposition and encouraged FMCSA to deny the request.
• The American Trucking Associations (ATA) disagreed with arguments about negative impacts from drivers trying to "beat the clock" of an ELD.

Why FMCSA denied it

Congress required ELDs. FMCSA points to the Moving Ahead for Progress in the 21st Century Act (MAP-21), enacted July 6, 2012, which mandated that the Secretary adopt regulations requiring that CMVs involved in interstate commerce operated by drivers who are required to keep RODS be equipped with ELDs. FMCSA writes:

The Agency is therefore bound by this Congressional mandate and cannot grant a blanket exemption for any driver or carrier that wishes to be exempt.

An equivalent level of safety was not shown. FMCSA also concluded that the application does not provide information establishing that the exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved without it. Because FOPT proposed that the exemption cover all drivers who wanted to use it, FMCSA says FOPT does not explain how its proposed safety countermeasures would apply to an unknown population of drivers, or how violators would be excluded from the exemption program.

How FMCSA decides on exemption requests

The notice summarizes the process under 49 CFR Part 381. FMCSA must publish a notice of each exemption request, give the public an opportunity to inspect the information relevant to the application, including the applicant's safety analysis, and give an opportunity for public comment. It then determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved absent the exemption, and must publish its decision. If the exemption is denied, the notice explains the reason for the denial (§381.315).

What happens next

We will update this article if FMCSA publishes anything else in this docket.

Sources

• FMCSA, Electronic Logging Device Requirements: Application for Exemption; Federation of Professional Truckers, notice of final disposition; denial of application for exemption, 91 FR 61914 (September 30, 2026).
• 49 CFR §395.8, cited in the notice.
• 49 CFR §381.315, cited in the notice.
• Docket FMCSA-2025-1282, regulations.gov.