Recently, FMCSA made the following updates to the ELD Frequently Asked Questions. The question below has been revised (updates are in bold).
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 records of duty status 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.
The question below is a new addition to the ELD FAQs:
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).