FMCSA Revises FAQ on ELD Malfunctions
Here is what the FMCSA says to do if you experience ELD malfunctions or failure.
The FMCSA has revised the FAQ under ELD Malfunctions and Data Diagnostic Events to include new information on the steps to take following an ELD failure, and a new question about when to use paper logs or electronic logging software. The updates are provided below. New information for the revised question is displayed in bold.
What must a driver do if there is an electronic logging device (ELD) malfunction?
If an ELD malfunctions, a driver must:
Note the malfunction of the ELD and provide written notice of the malfunction to the motor carrier within 24 hours;
Reconstruct the record of duty status (RODS) for the current 24-hour period and the previous 7 consecutive days, and record the records of duty status on graph-grid paper logs, or electronic logging software, that comply with 49 CFR 395.8, unless the driver already has the records or retrieves them from the ELD; and
Continue to manually prepare RODS in accordance with 49 CFR 395.8 until the ELD is serviced and back in compliance. The recording of the driver’s hours of service on a paper log, or electronic logging software, cannot continue for more than 8 days after the malfunction; a driver that continues to record his or her hours of service on a paper log, or electronic logging software, beyond 8 days risk being placed out of service.
The FMCSA also included a new question in the ELD FAQs:
When should a driver use paper logs or electronic logging software if an ELD malfunction occurs?
A driver should only use paper logs, or electronic logging software, or other electronic means to record their HOS if the ELD malfunction hinders the accurate recording of the driver’s hours-of-service data (i.e., 10/11, 14/15, 60/70 hours; or 30 minute).