What does 49 CFR 395.34 (ELD malfunctions and data diagnostic events) require?

Short answer

49 CFR 395.34 requires drivers to note ELD malfunctions, reconstruct their record of duty status on paper logs, and continue to manually prepare records until the ELD is serviced. Motor carriers must take actions to correct the malfunction within 8 days of discovery.

The rule says

"A driver must do the following: (1) Note the malfunction of the ELD and provide written notice of the malfunction to the motor carrier within 24 hours; (2) 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 (3) Continue to manually prepare a record of duty status in accordance with 395.8 until the ELD is serviced and brought back into compliance with this subpart." (49 CFR 395.34(a))

"If a motor carrier receives or discovers information concerning the malfunction of an ELD, the motor carrier must take actions to correct the malfunction of the ELD within 8 days of discovery of the condition or a driver's notification to the motor carrier, whichever occurs first." (49 CFR 395.34(d)(1))

In plain English

When an ELD malfunctions, the driver must immediately start using paper logs to record their duty status and notify their motor carrier within 24 hours. The driver must also reconstruct their previous 7 days of duty status records on paper logs, unless they already have the records or can retrieve them from the ELD. The motor carrier has 8 days to correct the malfunction, and if they need more time, they can request an extension from FMCSA. During an inspection, the driver must provide their manually prepared records to the authorized safety official.

What to do

• Note the ELD malfunction and provide written notice to the motor carrier within 24 hours
• Reconstruct the record of duty status on paper logs for the current 24-hour period and the previous 7 consecutive days
• Continue to manually prepare records of duty status until the ELD is serviced
• Motor carriers: take actions to correct the malfunction within 8 days of discovery or request an extension from FMCSA if needed