What to do when your ELD malfunctions
A dead or glitching ELD doesn't park you, but it does start a clock. You have 24 hours to put it in writing, you switch to paper logs, and the carrier has 8 days to fix it unless FMCSA grants more time. Here's the rule step by step, straight from 49 CFR 395.34.
Key takeaways
- Driver: give the carrier written notice within 24 hours, rebuild the last 8 days on paper unless you can get them from the ELD, and keep paper logs until it's fixed.
- Carrier: fix, replace or service the ELD within 8 days of finding out or the driver's notice, whichever comes first.
- Need longer? The carrier sends a signed request to the FMCSA Division Administrator in its home state within 5 days of the driver's notice.
- Keep in the cab: the data transfer instruction sheet, the malfunction instruction sheet and at least 8 days of blank paper logs. Since July 22, 2026, the user's manual isn't required.
Malfunction or data diagnostic event?
ELDs check themselves and raise two kinds of flags. FMCSA's FAQ explains the difference: a driver can usually clear a data diagnostic event by following the ELD provider's and carrier's recommendations, while a malfunction is a compliance failure the carrier must correct.
| Area | When the ELD sets a malfunction (49 CFR 395, subpart B, appendix A) |
|---|---|
| Power | Power problems hide 30 minutes or more of driving time in a 24-hour period, across all drivers |
| Engine synchronization | The connection to the engine data is lost for more than 30 minutes in a 24-hour period |
| Timing | The ELD can no longer keep accurate time against UTC |
| Positioning | No valid location fix within 5 miles of movement, adding up to more than 60 minutes in 24 hours |
| Data recording | The ELD can no longer record, keep or retrieve the required records |
| Data transfer | The transfer check still fails after three more daily checks |
Data diagnostic events include power and engine sync glitches below those limits, missing required data (like a location you didn't enter), a failed data transfer check and unidentified driving records: more than 30 minutes of driving with no driver logged in during a 24-hour period. For those, the rule says you follow your carrier's and ELD provider's instructions to fix the data (395.34(c)). The paper-log and 8-day rules below apply to malfunctions.
Driver steps when the ELD malfunctions
- Note the malfunction and give your carrier written notice within 24 hours (395.34(a)(1)). A text or email with the date, time, location, truck number and what the screen showed works as a record. If you're an owner-operator with your own authority, you're both driver and carrier: write it down anyway, date it and keep it with your logs.
- Rebuild your records for the current 24 hours and the previous 7 days on paper graph-grid logs that meet 49 CFR 395.8, unless you already have them or can get them from the ELD (395.34(a)(2)). A printout or PDF from the ELD or its app counts as having them.
- Keep logging on paper by hand under 395.8 until the ELD is fixed (395.34(a)(3)).
- At an inspection, hand the officer your paper records (395.34(b)). FMCSA's FAQ says the reconstructed logs, along with ELD data, are presented to the safety official.
Your hours-of-service limits don't change while you're on paper. Plan your day with the HOS calculator and see the hours-of-service guide.
Carrier steps: the 8-day window
Once the carrier learns of a malfunction, it must correct it within 8 days of discovering it or of the driver's notice, whichever comes first (395.34(d)(1)). Correct means repair, replace or service. In practice:
- Call the ELD provider the same day and log the ticket number.
- Try the provider's fixes: reconnect the cable, update the app, swap the tablet.
- If it can't be fixed fast, install a different ELD that's on FMCSA's registered list.
- Keep copies of the driver's notice, the tickets and the repair or replacement date.
The carrier must also keep the 6-month backup copy of ELD records on a separate device (395.22(i)). Comparing ELDs? See our ELD comparison.
Asking FMCSA for more than 8 days
If parts or a replacement can't arrive in time, the carrier can ask for an extension (395.34(d)(2)):
- Who: the FMCSA Division Administrator for the state of the carrier's principal place of business. Find that state's division office, with its address, phone and email, on FMCSA's Field Offices page.
- When: within 5 days after the driver notifies the carrier.
- Signed by the carrier, with: the name, address and phone of the person filing; the make, model and serial number of each ELD; the date and location of each malfunction as the driver reported it; and a short statement of the good-faith steps taken to repair, replace or service the ELD and why more than 8 days are needed. FMCSA's FAQ also asks for the carrier's legal name, principal place of business address and USDOT number.
While FMCSA decides, a carrier that filed a complete request is treated as in compliance, as long as the driver keeps paper logs and everything else in the rule is followed (395.34(d)(5)). FMCSA answers in writing and may add conditions (395.34(d)(4)). Keep a copy of the request and the answer in the truck.
What to keep in the cab
The carrier must make sure every driver has an ELD information packet on board (49 CFR 395.22(h)):
- An instruction sheet for data transfer: step-by-step how to send your logs to an officer.
- An instruction sheet for malfunctions: the reporting rules and how to keep records during a malfunction.
- Blank paper log graph-grids for at least 8 days.
2026 change: a final rule effective July 22, 2026 removed the requirement to carry the ELD user's manual. You can still keep one. Check off the rest with our ELD checklist.
Revoked ELDs
A carrier may only use an ELD on FMCSA's registered list (395.22(a)). When FMCSA finds a device doesn't meet the technical specifications, it moves it to the Revoked ELDs list at eld.fmcsa.dot.gov. Check both lists before you buy and again a few times a year.
What a revocation looks like: on May 20, 2026, FMCSA removed 12 devices and gave carriers up to 60 days to replace them, until July 20, 2026. In the meantime, drivers were told to use paper logs or logging software, and officers were encouraged not to cite drivers for the revoked devices during that window. Each revocation notice sets its own dates, so follow FMCSA's newsroom or sign up for its ELD email updates.
For the inspection itself, see what happens at a roadside inspection. Fleetorica is a dispatch service; if your logs go to paper, tell us and we'll plan loads around your real hours.
- 49 CFR 395.34: ELD malfunctions and data diagnostic events
- 49 CFR 395.22: Motor carrier responsibilities (ELDs)
- 49 CFR Part 395, Subpart B, Appendix A: ELD functional specifications
- FMCSA: ELD malfunctions and data diagnostic events FAQs
- Federal Register: Rescinding the requirement for the ELD operator's manual in CMVs (June 22, 2026)
- FMCSA: Registered and revoked ELD lists
- FMCSA: FMCSA removes 12 devices from list of registered ELDs (May 20, 2026)
- FMCSA: Field offices (division offices by state)
This page is general information, not legal or tax advice. Rules change; confirm with FMCSA, the IRS or your state before you file.
Questions carriers ask
How long can I drive on paper logs after an ELD malfunction?
The carrier must fix, replace or service the ELD within 8 days of discovering the problem or your notice, whichever comes first. Longer than that needs an extension from FMCSA's division office in the carrier's home state.
Who do I notify when my ELD malfunctions?
Your motor carrier, in writing, within 24 hours. If you run under your own authority, you are the carrier, so keep a dated written record yourself.
What's the difference between an ELD malfunction and a data diagnostic event?
A data diagnostic event is a data problem you can usually clear by following your carrier's and ELD provider's instructions. A malfunction is a compliance failure the carrier must correct, and it puts you on paper logs.
Do I still need the ELD user's manual in the truck?
No. A final rule effective July 22, 2026 removed that requirement. You still need the data transfer and malfunction instruction sheets and 8 days of blank paper logs.