JANUARY 9, 2018 – It’s been three weeks now since many of you were required to plug in your ELDs and begin tracking your hours electronically. And while you’ve now had some time to learn and acclimate to the new technology, there’s one thing you may not yet be prepared for: an ELD malfunction.
The bad news is that even the best technology will fail from time to time. The good news? The FMCSA has some clear guidance that can help you keep driving and stay compliant.
Here’s what you need to do:
- Notify Your Carrier. As a driver, you have 24 hours to provide your carrier with written notice of the ELD malfunction.
- Make Sure You Have Access to Your Logs From the Past Week. If you don’t have access to your logs from either the past 24 hours or the last 7 consecutive days, you’ll need to reconstruct them on paper and keep them in your truck.
- Maintain Paper Logs. Continue keeping paper logs each day until the ELD is fixed.
Keep in mind you only have 8 days from the time you noticed the malfunction (or were notified of the malfunction by your driver) to have the device fixed and back in the truck. If the device won’t be fixed in time, and getting a replacement isn’t an option, you’ll need to apply for an extension. Extension requests are handled by the FMCSA Division Administrator for the state where your principal place of business is located. This request must be made within 5 days of the time you noticed (or were notified of) the malfunction.
Once your request is submitted, you’ll be considered compliant until a determination is made. Just make sure you continue keeping paper logs and following your other hours of service requirements in the meantime.
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