Device Provision and Compliance
Motor carriers are required under 49 CFR 395.22 to ensure drivers operating under the ELD mandate are equipped with a registered, compliant ELD. The carrier is responsible for selecting a device from the FMCSA registered ELD list, ensuring the device is correctly installed and configured for the specific vehicle, and training drivers in its use.
Carriers must not instruct drivers to operate vehicles with non-compliant devices, to use devices that are in a confirmed malfunction state beyond the allowed period, or to operate without any record of driving time.
Responding To Malfunction Notifications
When a driver notifies the carrier of an ELD malfunction, the carrier must act within 8 days. The carrier's options are: repair the device, replace the device with a compliant unit, or exchange the device for a functioning unit. If none of these is completed within 8 days of notification, the driver must continue on paper logs until the device is corrected.
The carrier should document the notification date and time, the corrective action taken, and the resolution date. These records support compliance documentation if a malfunction period is later audited.
Record Retention
Under standard HOS record retention requirements, carriers must retain ELD records for a minimum of 6 months. This includes both electronic records from the ELD system and paper records produced during malfunction periods. Carriers should confirm record retention capabilities with their ELD provider and ensure records are accessible for compliance reviews.
Driver Instruction Obligation
Carriers must ensure drivers understand how to use the ELD system, including how to respond to malfunction indicators, how to log in and maintain records correctly, and how to present records during a roadside inspection. A driver who receives an ELD and is not trained in its use creates a compliance risk for both the driver and the carrier.
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?
49 CFR 395.34 requires driver notification to the motor carrier and requires the carrier to take corrective action. A separate FMCSA notification requirement for individual malfunction events is not part of the standard malfunction provisions. Verify current requirements in the applicable regulatory text and FMCSA guidance, as requirements can be updated.
Can a carrier allow a driver to use a personal conveyance exemption to avoid logging drive time on a malfunctioning ELD?
Personal conveyance exemptions cover specific operational conditions — they are not a workaround for ELD malfunction periods. A driver operating on personal conveyance during a malfunction period still must follow the malfunction procedures (notation, carrier notification, paper logs if required). The two obligations are independent.
What happens if the ELD provider goes out of business during the device's operational life?
If an ELD provider is no longer registered or no longer maintains its device on the FMCSA approved list, carriers must transition to a compliant device from a registered provider. FMCSA has addressed provider withdrawal situations through regulatory guidance. The current list of registered ELD providers and any enforcement guidance are available on the FMCSA website.