Is the ELD required to automatically change duty status from Sleeper Berth to Driving upon sensing movement?

FMCSA-ELD-395-Q076(2022-03-10)

Question: Is the ELD required to automatically change duty status from Sleeper Berth to Driving upon sensing movement?

Guidance: The ELD is required to automatically change a driver’s duty status to Driving when the vehicle is in motion, set at 5 mph threshold or less, after being in the Sleeper Berth duty status unless the driver is in a team operation and the inactive driver logged in the ELD. However, while the vehicle is in motion, intermediate recordings will be included on the inactive driver’s logs during the sleeper berth period.
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Note: This guidance document does not have the force and effect of law and is not meant to bind the public in any way.  It is intended only to provide information and clarity regarding existing requirements under the law or agency policies.