No return to paper logs: FMCSA turns down bid to let any driver skip the ELD

FMCSA has denied an advocacy group's request to let professional drivers keep paper logs instead of using an electronic logging device, saying federal law requires ELDs and the group did not show paper logs would be just as safe.

The decision was published in the Federal Register on September 30, 2026. It closes out an application from the Federation of Professional Truckers (FOPT) that FMCSA first put out for comment on February 9, 2026, under docket FMCSA-2025-1282.

For drivers and fleets, the practical message is simple: the ELD rule and its existing exceptions are unchanged.

What the group asked for

FOPT describes itself as a nonprofit advocacy group for professional drivers and small carriers. It asked for an exemption from the ELD requirement in 49 CFR 395.8 that would let drivers record their hours of service in a paper logbook. All other hours-of-service limits would still have applied.

The exemption would not have been limited to FOPT members. The group asked that it cover any professional driver who chose to use it.

FOPT argued that paper logs are still enforceable and familiar to officers, that ELD costs fall hardest on small carriers, and that device malfunctions show a paper backup is still needed. To show safety would not suffer, it said it would train members to fill out paper logs accurately, that participating carriers would run random internal audits, and that drivers who broke hours-of-service limits would be dropped from the program.

What commenters said

FMCSA received 901 comments, 890 of them unique. Most came from individuals who backed the request. Supporters said paper logs would reduce stress, give drivers more control over when they stop, cut costs and ease the pressure of racing the clock to find parking. Some said ELDs malfunction often or pointed to devices being taken off FMCSA's registered list.

Several safety groups opposed the request, and one joint comment faulted FOPT for giving no details on how many carriers, drivers or miles the exemption would cover. The American Trucking Associations pushed back on the argument that ELDs force drivers to race the clock, saying planning trips within the hours-of-service limits is the job of fleets and drivers whether they use paper or electronic logs. A law firm that commented cited FMCSA's own 2023 report to Congress, which found that inspections with at least one hours-of-service violation fell from 274,441 in 2018 to 191,797 in 2020, after ELDs became mandatory.

Why FMCSA said no

FMCSA gave two reasons.

First, the ELD requirement comes from Congress. The 2012 highway law known as MAP-21 told the agency to require ELDs in interstate trucks driven by drivers who must keep records of duty status. FMCSA said that mandate means it cannot grant a blanket exemption to any driver or carrier that wants out.

Second, FMCSA said the application did not show the exemption would deliver a level of safety equal to or better than the rule. Because FOPT wanted the exemption open to every driver, not just its members, the agency said the group did not explain how its training, audits or expulsion policy would reach an unknown pool of drivers.

What still lets you use paper

The denial does not touch the exceptions already in the rule. A carrier may still let a driver keep paper logs if that driver needs a record of duty status on no more than 8 days in any 30-day period. Other existing exceptions in the regulation are also unchanged.

If your fleet is weighing a switch back to paper on the strength of this application, there is no new relief. Drivers who must use an ELD still need one that appears on FMCSA's registered list. Check that list from time to time, because FMCSA removes devices from it.

This article is general information, not legal advice.