ELD malfunction rules: what to do when your ELD stops working

ELD malfunction rules are short, but the clock starts the moment you notice the problem. An ELD (electronic logging device) is the device that records your driving hours. When it stops working, you cannot just keep driving and hope it comes back. The federal rule tells you exactly what to do, and it gives your carrier a deadline to fix it. Here is how it works, in plain words.

What counts as an ELD malfunction

An ELD checks itself. When something is wrong, it shows a malfunction code or a warning on the screen. Common examples are problems with power, with timing, with location data, or with saving and sending your records.

Not every warning is a malfunction. Some are "data diagnostic events," smaller problems that the device may clear on its own. Your ELD's user manual should explain the difference and what each code means. Keep a copy of that manual in the truck. It is one of the papers you should carry anyway.

ELD malfunction rules for the driver

The rule is 49 CFR 395.34. When your ELD malfunctions, the driver must do three things:

1. Note the malfunction and tell the carrier in writing within 24 hours. A text or email that you keep is a simple way to have it in writing. Write the date, the time and what the screen showed.
2. Rebuild your logs on paper. You reconstruct your record of duty status for the current 24-hour period and for the previous 7 days in a row. You use paper logs that follow the rule for paper records (49 CFR 395.8). If you already have those days, or you can still pull them from the ELD, you do not need to redo them.
3. Keep using paper logs until the ELD is fixed. Every day until the device is serviced, you keep a paper log by hand.

If an officer inspects you during this time, you show the paper logs you kept.

What the carrier has to do

The motor carrier must correct, repair, replace or service the ELD within 8 days. The 8 days start from when the carrier found the problem or from the driver's notice, whichever comes first.

If the carrier needs more time, it can ask the FMCSA Division Administrator in its state for an extension. That request must go in within 5 days after the driver tells the carrier. It must include the ELD make, model and serial number, the date and place of the malfunction, and what the carrier has done to fix it.

If you are an owner-operator with your own authority

Here is the part many owner-operators miss. If you drive your own truck under your own USDOT number, you are the driver and the carrier. That means both lists are yours. You write the notice, you keep the paper logs, and you are the one who must get the device fixed within 8 days.

So keep a simple record for yourself: the date you found the problem, a copy of your written notice, the date you called the ELD provider, and the date it was fixed. If you ever face an audit, that record shows you followed the rule.

Keep paper logs in the truck before you need them

The worst time to look for paper logs is the moment your ELD fails. Keep these in the cab:

• A blank supply of graph-grid paper logs, enough for at least 8 days.
• The ELD user manual and the malfunction instructions sheet.
• Your ELD provider's support number.

Our list of papers to carry in the truck covers the rest of what you should have on board.

Mistakes to avoid

• Driving on a broken ELD without paper logs. The device being down does not pause the hours of service rules.
• Telling the carrier only by phone. The rule says written notice. Keep a copy.
• Forgetting the 7 previous days. If you cannot pull them from the device, you must rebuild them.
• Letting the 8 days run out. If you need more time, ask for the extension within 5 days.
• Using a device that is not on the FMCSA list. A revoked device is a different problem. See our article on how to check if your ELD was revoked.

For the basics of the hours rules themselves, read our guide to ELD and hours of service basics.

When to call us

Not sure your log setup is ready for a breakdown, or setting up your own authority for the first time? Call TCZ Permits at 956-526-6727. We help you keep your hours records and the rest of your file in order.

Common questions

How long can I drive on paper logs? Until the ELD is fixed. The carrier has 8 days to correct it, unless FMCSA grants an extension.

Does a text message count as written notice? The rule asks for written notice. A text or email that you save gives you a written record with a date and time.

Do I have to rebuild all 8 days? You rebuild the current 24-hour period and the previous 7 days, unless you already have those records or can get them from the ELD.