DOT Regulations in Event of Electronic Logging Device Malfunction
What should drivers do, when their elog malfunctions? FMCSA has listed the ELD rules and DOT regulations on their website. Drivers must follow these rules and should not tamper with their devices.
"1. Note the malfunction of the ELD and provide written notice of the malfunction to the motor carrier within 24 hours;"
In plain English, the driver must send a text or email to his trucking company.
"2. 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 that comply with 49 CFR 395.8, unless the driver already has the records or retrieves them from the ELD;"
The driver has to have a copy of his previous seven days + today. The trucking company can fax or email copies of the logs. The driver must carry paper logs in his permit book.
"3. 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."
Once the driver obtains copies of his previous logs, he can continue using a paper logbook. However, someone must take care of the problem with the broken device. Paper logs are good for only eight days.