Since the FMCSA’s ELD mandate went into effect, the ELD has become central to a carrier’s daily operations. So, what should you do if your ELD malfunctions or if your provider goes out of business?
In this article, we’ll explain the FMCSA’s ELD malfunction guidance and the steps you can take to help maintain compliance when your ELD goes down.
What the FMCSA regulations say about ELD malfunctions
The FMCSA states a specific set of actions that drivers and carriers must take during an ELD malfunction in CFR §395.34.
In the event of an ELD malfunction, 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 for the current 24-hour period and the previous 7 consecutive days, and record the records of duty status on graph-grid paper logs that comply with §395.8, unless the driver already possesses the records or the records are retrievable 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 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 beyond 8 days risk being placed out of service.
In short: drivers must reconstruct the previous 7 consecutive days logs in compliance with CFR 395.8 until the ELD is back in compliance, for a maximum of 8 days.
For a period exceeding 8 days, carriers must file an extension request with the FMCSA within 5 days of being aware of the malfunction.
What are your options to stay compliant?
If your ELD malfunctions, you have two options to maintain compliance:
- Prepare graph-grid paper logs that comply with eCFR §395.8
- Use an electronic logging app to create and store logs
The FMCSA clarifies the requirements for using an electronic logging app, such as the KeepTruckin App, as a paper log replacement in question 28 of their 395.8 guidance.
So, which option should you choose? While the choice may vary by fleet, using an electronic logging app comes with a number of advantages, including:
- Accurate compliance clocks and alerts for drivers
- Real-time log auditing to catch errors and prevent violations
- Visibility into remaining compliance hours for dispatchers. With some apps, you can even view the driver’s current location (using phone GPS and cellular data)
How fleets can use KeepTruckin to maintain compliance
KeepTruckin offers a free, §395.8 compliant electronic logging app that can be downloaded to your driver’s Android or Apple smartphone or tablet in seconds. KeepTruckin also offers a free dashboard account that allows fleet managers to view and audit their driver’s logs in real-time.
Why do we do this?
- We care about your business and want you to experience minimal disruption.
- When fleets using other ELDs try KeepTruckin, they stay.
Here’s what fleet managers need to do to get started:
- Create your free KeepTruckin account
- Invite your drivers to download the KeepTruckin App. This article walks through the process in detail.
Once your drivers accept your invitation, their logs will be added to your dashboard in real-time. While the KeepTruckin App is easy-to-use and includes a step-by-step training flow when a driver logs in, we recommend you send them a link to our driver log documentation through KeepTruckin Messaging.
If you or your drivers need any help getting started with KeepTruckin, our team is available 24/7 at 855-434-3564 and will walk you through every step.
How drivers and owner-operators can use KeepTruckin to maintain compliance
If you’re a driver or owner-operator, you can use the KeepTruckin App to stay compliant even if your company isn’t using the KeepTruckin dashboard.
At the end of each day, you can email your logs to your fleet manager by following these steps.
Like KeepTruckin? Here’s a special offer.
After trying our free electronic logging app, carriers often decide to switch to the KeepTruckin Electronic Logging Device. Many are surprised by how easy switching can be. In fact, ATECH Logistics was able to switch to KeepTruckin “overnight.”
If you decide to join the 60,000+ carriers and over 1 million reigstered drivers who trust KeepTruckin for ELD compliance, we’ll give you up to $600 per ELD to switch*.
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