Routine Operating Responsibilities
A driver's ELD obligations during normal operation include: logging in before the start of each duty period, selecting the correct duty status at each change (off duty, sleeper berth, driving, on duty not driving), entering required annotations when the device prompts for manual location or other data, reviewing and accepting unidentified driving records that belong to them, and ensuring the device remains connected and powered.
The ELD records driving time automatically once the vehicle is in motion — the driver's main routine obligation is ensuring the login is correct before moving and that duty status changes are recorded promptly when they occur.
Malfunction Response
When a malfunction indicator appears, the driver must: note the malfunction on the ELD record at the time it is discovered, notify the motor carrier as soon as practicable and no later than 24 hours after discovery, and retain supporting documents during the malfunction period.
If the carrier cannot repair, replace, or exchange the ELD within 8 days of notification, the driver must reconstruct the previous 7 days of records on paper log forms and continue on paper for the duration of the malfunction period.
What Drivers Are Not Allowed To Do
Drivers must not: alter records to misrepresent their actual duty status, delete records that were created during a malfunction period, operate without any record of driving time when the ELD has failed and paper logs are required, or submit incomplete records knowing that required data is missing without annotation.
These prohibitions apply regardless of time pressure or dispatcher instruction. A driver's obligation to maintain accurate HOS records cannot be waived by the carrier.
Record Presentation At Roadside
During a roadside inspection, a driver must be able to display or transfer the last 8 days of records to an authorized safety official. If the ELD is malfunctioning and cannot transfer, paper logs or a printed display are the alternative. The driver should be familiar with how to display records on the ELD screen and how to initiate both transfer methods in case one is unavailable.
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 driver have to stop driving immediately when an ELD malfunction appears?
No. An ELD malfunction does not require an immediate stop. The driver must note the malfunction, notify the carrier within 24 hours, and use paper logs if the device is not fixed within 8 days. The truck can continue operating during the malfunction period as long as the required documentation procedures are followed.
What is the driver's responsibility for records the ELD created during a data synchronization loss?
If the ELD's ECM connection was lost and driving time may not have been accurately captured, the driver should review the affected records after connection is restored. Most ELD devices allow annotation to note conditions that affected record accuracy. The driver should not alter records to misrepresent actual driving time but may annotate to explain why a record may be incomplete.
Can a driver use a phone-based ELD app in place of a hardware ELD when the hardware malfunctions?
Only if the phone-based app is separately registered as a compliant ELD for that vehicle and that driver. A software ELD running on a personal phone is not automatically interchangeable with a hardware ELD device. The FMCSA ELD registered device list is the reference for what devices are compliant.