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ELD Malfunctions – Official Protocol

Do you know what to do when your AOBRD or the new ELD devices malfunction? Whether you’re a driver, a fleet manager, a business owner, or ELD vendor, here is the official protocol that everyone should follow to stay on the safe side of the road.

AOBRD malfunctions

In the event of malfunctions, a Driver must:

  1. Be adequately trained regarding the proper operation of the AOBRD.
  2. Note down any failure of the AOBRD.
  3. Reconstruct the driver’s record of duty status for that day and the past 7 days.
  4. Continue to prepare a handwritten record of all subsequent duty statuses until the AOBRD is operational.

 

In the event of malfunctions, a Motor Carrier must:

  1. Ensure that a driver(s) has a supply of blank records of duty status graph-grids sufficient to record the driver’s duty status and other related information for the duration of the current trip.
  2. Ensure that a driver(s) has a certificate from the AOBRD manufacturer certifying that the design of the AOBRD has been sufficiently tested to meet the requirements of 395.15 and under the conditions that it will be used.
  3. Ensure that the AOBRD is tamperproof and does not permit altering of the information collected concerning the driver’s hours of service.
  4. Ensure that the AOBRD is maintained and recalibrated in accordance with the AOBRD manufacturer’s specifications.
  5. Ensure that drivers are adequately trained regarding the proper operation of the device.

 

In the event of malfunctions, an AOBRD Vendor must:

  1. Ensure the AOBRD warns the driver visually and/or audibly that the device has ceased to function.

Note: Devices installed and operational as of October 31, 1988 and authorized to be used in lieu of the handwritten record of duty status by the FMCSA are exempted from this requirement.

  1. Ensure the on-board recording device/system identifies sensor failures and edited data when reproduced in printed form.

Note: Devices installed and operational as of October 31, 1988 and authorized to be used in lieu of the handwritten record of duty status by the FMCSA are exempted from this requirement.

  1. FMCSA may, after a notice and opportunity to reply, order any motor carrier or driver to comply with the requirements of §395.8.
  2. FMCSA may issue such an order if the FMCSA has determined that:
  3. The motor carrier has been issued a conditional or unsatisfactory safety rating by the FMCSA;
  4. The motor carrier has required or permitted a driver to establish, or the driver has established, a pattern of exceeding the hours of service limitations of this part;
  5. The motor carrier has required or permitted a driver to fail, or the driver has failed, to accurately and completely record the hours of service as required in §395; or
  6. The motor carrier or driver has tampered with the AOBRD on a commercial motor vehicle.

ELD malfunctions

In the event of malfunctions, a Driver must:

  1. Note the malfunction of the ELD and provide written notice to the motor carrier within 24 hours.
  2. Reconstruct the record of duty status (RODS) for the current 24-hour period and the previous 7 consecutive days.
  3. 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.
  4. Continue to manually prepare RODS in accordance with 49 CFR 395.8 until the ELD is serviced and back in compliance.

 

In the event of malfunctions, a Motor Carrier must:

  1. Correct, repair, replace, or service the malfunctioning ELD within 8 days of discovering the condition or a driver’s notification to the motor carrier, whichever occurs first.
  2. Require the driver to maintain paper record of duty status (RODS) until the ELD is back in service.

 

In the event of malfunctions, an ELD Vendor must:

  1. Attempt to correct the malfunction according to direction and timelines provided by FMCSA.
  2. FMCSA may initiate steps to remove the ELD model or version from the list on the FMCSA website in accordance with the following protocol as described in section 5.4 of the ELD rule.
  3. FMCSA will give the ELD provider a written notice stating the reason(s) FMCSA proposes to remove the model or version from the FMCSA list.
  4. FMCSA can also direct the ELD provider to take any corrective action for the ELD model or version to remain on the list.
  5. The ELD provider receiving notice may submit a response to FMCSA no later than 30 days after issuance of the proposed removal notice and explain the reason(s) why the facts relied on by FMCSA in proposing removal are wrong. If not, the ELD provider must take whatever action deemed necessary to correct the deficiencies that FMCSA identified.
  6. If the ELD provider fails to respond within 30 days of the date of the notice, the ELD model or version is removed from the FMCSA list. FMCSA may also modify the notice of proposed removal, or affirm such notice, notifying the ELD provider in writing. Within 60 days of the FMCSA’s determination, the ELD provider is required to take action to comply. If FMCSA determines that the ELD provider failed to take the required action within the 60 days, the ELD model or version will be removed from the FMCSA list.
  7. Within 30 days of removal of an ELD model or version from the FMCSA list of certified ELDs, the ELD provider may then request an administrative review. The request for administrative review must be submitted in writing to the FMCSA explaining if an error was committed in removing the ELD model or version from the FMCSA list. The ELD vendor must identify all factual, legal, and procedural issues in dispute, and include any supporting information or documents. FMCSA may ask the ELD provider to submit additional information or attend a conference to discuss the removal.