(a)Tracking non-authenticated operation. The ELD must associate the non-authenticated operation of a commercial motor vehicle with a single account labeled “Unidentified Driver” as soon as the vehicle is in motion, if no driver has logged into the ELD.
(b)Driver. When a driver logs into an ELD, the driver must review any unassigned driving time when prompted by the ELD and must:
(1)Assume any records that belong to the driver under the driver's account; or
(2)Indicate that the records are not attributable to the driver.
(1)A motor carrier must ensure that records of unidentified driving are reviewed and must:
(i)Annotate the record, explaining why the time is unassigned; or
(ii)Assign the record to the appropriate driver to correctly reflect the driver's hours of service.
(2)A motor carrier must retain unidentified driving records for each ELD for a minimum of 6 months from the date of receipt.
(3)During a safety inspection, audit or investigation by an authorized safety official, a motor carrier must make available unidentified driving records from the ELD corresponding to the time period for which ELD records are required.