The process regarding a malfunctioning ELD, with the section in red being how to request a malfunction extension.
Below is the process regarding a malfunctioning ELD, with the section in red being how to request a malfunction extension. These regulations can be found in 395.34.
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 RODS 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.
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).
What must a motor carrier do if there is an electronic logging device (ELD) malfunction?
If an ELD malfunctions, a motor carrier must:
- Correct, repair, replace, or service the malfunctioning ELD within eight days of discovering the condition or a driver's notification to the motor carrier, whichever occurs first; and
- Require the driver to maintain paper record of duty status (RODS) until the ELD is back in service.
May a motor carrier seeking to extend the period of time permitted for repair, replacement, or service of one or more ELDs request an extension?
Yes. A motor carrier may file an ELD malfunction extension request via email, by submitting the extension request to ELD-Extension@dot.gov. Include the legal name, principal place of business address and USDOT number of the motor carrier. The extension request must include the following information:
- The name, address, and telephone number of the motor carrier representative who will file the request;
- The make, model, and serial number of each ELD;
- The date and location of each ELD malfunction as reported by the driver to the carrier; and
- A concise statement describing actions taken by the motor carrier to make a good faith effort to repair, replace, or service the ELD units, including why the carrier needs additional time beyond the 8 days provided by 49 CFR part 395.34.
To request an extension from the FMCSA Division Administrator in the Field Office in your state, you may contact the office directly. FMCSA Division Administrator contact information can be found at https://www.fmcsa.dot.gov/mission/field-offices#Field-Offices
Malfunction Letter Process
When a driver is having an issue with the ELD that requires escalation, is interrupting the logging process, if the ELD is sending out error codes, or if there is any other issue which prevents logging that is not the fault of the driver; we will want to send them out a malfunction letter. The malfunction letter is provided for DOT inspections justifying the use of paper logs for up to 8 days due to the issue with the device.
We do have a template available for use on the Shaprepoint here.
This template can be permanently imported into Microsoft Word by doing the following:
- Download a copy of the template
- Save it in the following location on the Mac:
~/Library/Group Containers/UBF8T346G9.Office/User Content/Templates - The next time you need to send out a new malfunction letter, opening word should automatically populate this template as an option on the homepage
- Open the template
- Fill out the highlighted fields
- Save as a PDF and send it to the customer's specified email