--- kind: "section" citation: "49 C.F.R. § 395.32" title: "49" number: "395.32" heading: "Non-authenticated driver logs." url: "https://uscodex.org/cfr/49/395.32" --- # §395.32. Non-authenticated driver logs. - (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.** - (c) **Motor carrier.** - (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. ## Notes ### Source Source: 80 FR 78385, Dec. 16, 2015, unless otherwise noted. ### Authority Authority: 49 U.S.C. 504, 21104(e), 31133, 31136, 31137, 31502; sec. 113, Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub. L. 106-159 (as added and transferred by sec. 4115 and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744), 113 Stat. 1748, 1773; sec. 4133, Pub. L. 109-59, 119 Stat. 1144, 1744; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; sec. 5206(b), Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR 1.87. ### Source Source: 33 FR 19758, Dec. 25, 1968, unless otherwise noted.