Receiving the Malfunction Notification
When a driver reports an ELD malfunction within the 24-hour requirement, the carrier must log the notification date and time, the driver, the vehicle, and the malfunction description. The 8-day repair or replace clock starts from this notification — not from when the malfunction first appeared on the device.
Carriers should have a process for tracking open malfunction cases so the 8-day window is monitored. An undocumented notification creates compliance uncertainty if the malfunction period is later reviewed.
Repairing or Replacing the Device
Within 8 days of the driver's notification, the carrier must repair the malfunctioning ELD, replace it with a compliant device, or exchange it for a functioning unit from the fleet. If none of these options are completed within 8 days, the driver must continue on paper logs until the device situation is resolved.
The replacement or repaired device must be a registered, FMCSA-compliant ELD. A driver cannot operate under ELD requirements with an unregistered or non-compliant substitute device for longer than the malfunction period allows.
Documentation Requirements
Carriers should maintain records of ELD malfunctions, the notification date, the corrective action taken, and the resolution date. These records support compliance documentation if a malfunction period is audited. Paper logs produced during the malfunction period must be retained according to the standard HOS record retention requirements.
What Not To Do
Do not instruct drivers to dismiss malfunction indicators without following the required notification and documentation process. Do not assume that a device that appears to have recovered from a malfunction is compliant without confirming with the ELD provider that the device passed its internal diagnostic checks. This page is educational only; verify current carrier obligations in 49 CFR 395.22 and 49 CFR 395.34.
Related Pages
Related Fault Code Pages
Sources
- ELD Malfunctions and Data Diagnostic Events Federal Motor Carrier Safety Administration · government · accessed 2026-05-05 · confidence high
Source: Federal Motor Carrier Safety Administration, ELD Malfunctions and Data Diagnostic Events. This page paraphrases factual fields only and is not a substitute for the original document.
Open source - 49 CFR 395.34 - ELD malfunctions and data diagnostic events Electronic Code of Federal Regulations · government · accessed 2026-05-05 · confidence high
Source: Electronic Code of Federal Regulations, 49 CFR 395.34 - ELD malfunctions and data diagnostic events. This page paraphrases factual fields only and is not a substitute for the original document.
Open source - 49 CFR Part 395 Appendix A to Subpart B - Functional Specifications for ELDs Electronic Code of Federal Regulations · government · accessed 2026-05-05 · confidence high
Source: Electronic Code of Federal Regulations, 49 CFR Part 395 Appendix A to Subpart B - Functional Specifications for ELDs. This page paraphrases factual fields only and is not a substitute for the original document.
Open source
FAQ
Does the motor carrier need to notify FMCSA when an ELD malfunction occurs?
The regulatory text in 49 CFR 395.34 requires driver notification to the motor carrier and requires the carrier to take corrective action within 8 days. A separate FMCSA notification requirement for individual malfunction events is not included in the standard malfunction provisions. Verify current requirements in the applicable CFR text and current FMCSA guidance, as requirements can be updated.
Can a carrier use a non-ELD backup device for a driver during the malfunction period?
During the 8-day window, the carrier must repair, replace, or exchange the malfunctioning ELD. If a replacement compliant ELD is provided within 8 days, the driver transitions from paper to the replacement device. If no replacement is available in time, the driver continues on paper logs for the remainder of the malfunction period. A non-ELD device is not a compliant substitute during the post-8-day period.
How long must paper logs from an ELD malfunction period be retained?
Paper logs produced during an ELD malfunction period are HOS records subject to the standard retention requirement — currently 6 months under 49 CFR 395.8(k). The carrier is responsible for retaining both the driver's paper logs and the documentation of the malfunction event, notification, and corrective action.