What to Do When an ELD Malfunctions: The 24-Hour Notice, Seven-Day Records, Paper Logs, and Eight-Day Deadline

When an electronic logging device (ELD) can no longer accurately record or present required hours-of-service data, confirm that the problem is an active malfunction rather than a data diagnostic event or temporary connection issue. FMCSA treats diagnostic events under the motor carrier’s and ELD provider’s recommendations. An ELD malfunction triggers 49 CFR § 395.34.

The driver must note the malfunction and give the motor carrier written notice within 24 hours. Retain the notice with the driver and device details, discovery time and place, error message, affected records, and troubleshooting already attempted. Next, review the current 24-hour period and the previous seven consecutive days. Records already possessed by the driver or still retrievable from the ELD do not need to be recreated. FMCSA permits retrievable prior records as printouts or electronic PDF files.

Unavailable records must be reconstructed on graph-grid paper logs. The driver must continue manual records until the ELD is serviced and compliant. Paper logs do not reset hours-of-service limits or create more driving time. At a roadside inspection, provide the manual records. If the ELD later corrects itself, keep the reconstructed records with the available ELD data.

The motor carrier must repair, replace, or service the ELD within eight days after discovering the malfunction or receiving the driver’s notice, whichever occurs first. If more time is needed, contact the FMCSA Division Administrator for the carrier’s principal-place-of-business state within five days after receiving the notice. The signed request should identify the carrier, representative, and devices; state the reported date and location; describe the work already attempted; and explain why extra time is necessary. Approval is not automatic.

Each vehicle should carry the ELD user manual, data-transfer instructions, malfunction and recordkeeping instructions, and at least eight days of blank graph grids. Fleets should also check FMCSA’s Registered and Revoked ELD lists. A revoked device follows its applicable FMCSA notice, not the ordinary eight-day malfunction rule.