Ryan Witkowski
Like it or not, electronic logging devices are a necessary evil for most drivers. While their use may be mandated, technology isn’t always as helpful or reliable as we’d like.
So, what do you do when your ELD malfunctions? OOIDA’s Compliance Department recently fielded a call from a member who needed to know the answer.
The member was using Motive ELD, a popular device with owner-operators and small fleets, and said he was running into connection issues. To the company’s credit, Motive did note an issue with the ELD on its website and provided updates during the outage regarding when service was expected to be restored. Service was restored within about three hours, and no other issues have been reported since.
While the hiccup was short-lived, that isn’t always the case. Being prepared for an ELD malfunction can be the difference between keeping the wheels rolling or finding a long-term parking spot.
Logging hours during an ELD malfunction
If your ELD is not functioning, the first thing you’ll need to do is report the issue to your company if you are leased to one. For owner-operators, you’ll want to document the date and time of the malfunction and contact the manufacturer for a timeline for the device to be fixed.
After that, it’s time to go old school – the paper logbook. If this isn’t something already in your truck, I’ve got news for you… It’s supposed to be.
Federal ELD regulations require drivers to carry a minimum of eight blank log pages. Those same regs also require a driver to carry an instruction sheet “describing ELD malfunction reporting requirements and recordkeeping procedures during ELD malfunctions.” In June, the FMCSA rescinded the requirement that drivers carry a physical copy of the ELD owner’s manual, but having it on hand couldn’t hurt.
Why eight blank pages? This is to ensure that, in the event of a malfunction, the driver can log their current day’s hours as well as reconstruct the previous seven days on paper logs. You can skip that step if the record-of-duty information from the previous seven days is retrievable from the ELD, but you still must record the current day and any subsequent days on paper logs.
If you’re not familiar with paper logs, or maybe you just need a refresher, FMCSA provides an Hours-of-Service Examples guide that can help you stay compliant. Of course, OOIDA members can always call the compliance team at 816-229-5791.
How long do you have to fix the ELD?
Drivers are required to maintain a paper logbook until the ELD has been either replaced or brought back into compliance. Carriers are required to address a non-functioning ELD within eight days of discovering the problem.
You can apply for an extension from FMCSA to replace the device. Those requests are sent to the FMCSA Division Administrator for the state of the motor carrier’s principal place of business and must be sent within five days after the issue began. Drivers are required to maintain a paper logbook until the agency has reached a decision regarding the extension.
