According to an article in Overdrive, the Commercial Vehicle Safety Alliance has been made aware of companies that openly advertise they will "edit" an Electronic Logging Device to allow drivers additional time to operate their CMVs. This type of tampering is clearly in violation of the FMCSA hours of service regulations related to ELDs.
According to a CVSA spokesman, these third parties are "completely fabricating the record to show a compliant ELD file without any violations, and in many cases, even falsify electronic supporting documents to match the ELD file," which gives inspectors real trouble, he said. As of about a year ago, he added, there had been some "isolated reports of inspectors encountering this type of tampering," yet over the past year, "as inspectors have learned of these techniques, there have been many more instances uncovered across the country."
CVSA's Driver-Traffic Enforcement Committee is now taking two steps to curtail fatigued driving as a result of ELD tampering. The first step is a new inspection bulletin "that explains the difference between a typical false entry in a record of duty status, such as a driver claiming off-duty time while fueling their vehicle, and an ELD file that has been manipulated." The bulletin is expected to be available to inspectors by the end of the year.
The second step was a CVSA committee vote to add a section to the North American Out of Service Criteria for ELD tampering. Currently OOS language for false entries requires an inspector to prove that the driver would have exceeded the 11, 14, 60 or 70-hour rules at the time of the inspection if the record was not falsified. That change will be added to the CVSA OOS criteria in 2026.