Paper Logs During ELD Malfunction

Who This Applies To

• Commercial motor vehicle drivers and motor carriers subject to FMCSA Hours of Service regulations and the ELD mandate under eCFR Part 395.
• Safety managers and dispatchers building driver log review procedures, HOS compliance policies, and ELD malfunction response plans.
• Carriers verifying which drivers or operations may qualify for ELD exemptions, short-haul exceptions, or agricultural HOS waivers.

What To Verify

• Whether the specific driver, vehicle, and operation are subject to ELD requirements or qualify for an exemption — verify current exemption criteria against FMCSA guidance and eCFR Part 395.
• That any ELD device in use is listed on FMCSA's registered compliant device list at eld.fmcsa.dot.gov — using an unregistered device does not satisfy the ELD mandate.
• Current driving and on-duty time limits for property-carrying versus passenger-carrying operations, and whether the operation uses the 60-hour/7-day or 70-hour/8-day schedule.
• Carrier recordkeeping and retention requirements for ELD data and supporting documents, and the required paper log backup supply for malfunction situations.

Step-by-Step Overview

1. Confirm whether each driver and operation is subject to ELD requirements or qualifies for an exemption using FMCSA guidance and eCFR Part 395.
2. Verify that all ELD devices in use are listed on FMCSA's registered device list and that drivers are trained on daily log review and certification.
3. Establish a carrier policy for ELD malfunction response: paper log backup procedure, driver notification timeline, carrier notification to FMCSA if needed, and device repair or replacement timeline.
4. Implement a regular driver log review process to identify HOS violations, unassigned driving events, or data diagnostic flags before they appear in roadside inspections.
5. Retain ELD records and supporting documents for the required period and carry blank paper logs in every vehicle at all times.

Common Mistakes

• Assuming a specific operation or driver is ELD-exempt without checking current FMCSA exemption criteria — exemptions have specific conditions that may not apply to all operations.
• Using an ELD device not on FMCSA's registered device list — an unregistered device does not satisfy the federal ELD mandate regardless of how it functions.
• Not stocking blank paper logs in every commercial vehicle — when an ELD malfunctions, the driver must switch to paper logs immediately and may be inspected before the ELD is repaired.
• Failing to notify the motor carrier within 24 hours of an ELD malfunction as required — the carrier then has a limited window to repair or replace the device before enforcement action is possible.