49 CFR § 395.34
ELD malfunctions and data diagnostic events
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What does 49 CFR § 395.34 require?
49 CFR 395.34 specifies what happens when an ELD malfunctions. Driver duties: note the malfunction, reconstruct paper logs for the current day + prior 7 days (i.e., the 8 days roadside inspectors will request), notify the carrier within 24 hours, continue using paper logs until repair. Carrier duties: repair or replace within 8 days, supply paper logs (typically 8 days' worth in every CMV per 49 CFR 395.22), don't penalize the driver. Malfunction events fall into two categories: hardware/software ELD malfunctions (must trigger paper-log substitution) and data diagnostic events (warnings about data anomalies that don't necessarily require paper logs).
Regulation text (summary)
If an ELD malfunctions, the driver must: (1) note the malfunction on the record of duty status; (2) reconstruct the record of duty status for the current 24-hour period and the previous 7 consecutive days using paper logs; (3) provide written notice of the malfunction to the motor carrier within 24 hours; and (4) continue to manually prepare paper logs until the ELD is serviced and brought back into compliance. The motor carrier must: (1) correct the malfunction within 8 days of discovery (or notification by the driver) or replace the device; (2) require the driver to maintain a paper log during the malfunction period; (3) not penalize the driver for the malfunction.
Read full regulation at eCFR.govWho must comply with 49 CFR § 395.34?
Every CMV driver and motor carrier subject to ELD requirements under 49 CFR 395.8.
What happens if you violate 49 CFR § 395.34?
Civil monetary penalties set by 49 CFR 386 Appendix B: up to $1,584 per day, capped at $15,846, for recordkeeping violations, or up to $19,246 for non-recordkeeping violations. Common citations: ELD malfunction not transitioned to paper logs, paper logs not prepared for the required 8 days, carrier failure to repair within 8 days, driver failure to notify carrier within 24 hours. CSA HOS Compliance BASIC affected.
Roadside citations
Put driver out of service
CSA BASIC
39534A1ELDDFNHOS (ELD) - Driver failed to note the malfunction of the ELD and provide written notice of the malfunction to the motor carrier within 24 hours3,66939534CHOS (ELD) - Driver failing to follow the Motor Carrier's and ELD provider's recommendations in resolving the data inconsistency displayed on the ELD.94839534A1Failing to note malfunction that requires use of paper log787
Penalty: Up to $19,246 for a non-recordkeeping violation, or $4,812 where committed by the driver. Related recordkeeping failures are charged at up to $1,584 per day, capped at $15,846. 49 CFR 386, Appendix B
Source: FMCSA SMS Input - Violation (Rolling 24-month SMS window). Retrieved 2026-08-11.
How to comply (implementation checklist)
- 1Supply 8 days of blank paper logs in every CMV (per 49 CFR 395.22).
- 2Train drivers on the malfunction protocol: note, paper-log, notify within 24 hours.
- 3Establish a 24-hour-driver-to-carrier-notification process.
- 4Track ELD malfunction tickets with the vendor: verify 8-day repair turnaround.
- 5Document each malfunction event and the corrective action.
- 6Audit malfunction patterns across the fleet: frequent malfunctions on a specific ELD model may require vendor escalation or replacement.
- 7Train drivers to distinguish malfunction (paper log required) from diagnostic event (informational).
Common misinterpretations
- Misinterpretation: 'A malfunctioning ELD means no records for that period.' Reality: 49 CFR 395.34 requires the driver to PAPER LOG the current day + prior 7 days when the ELD malfunctions. No records is a violation.
- Misinterpretation: 'The malfunction is the ELD vendor's problem.' Reality: The carrier is responsible for repair within 8 days. The vendor may perform the repair, but the carrier's obligation to the driver and the regulation doesn't transfer.
- Misinterpretation: 'Data diagnostic events mean malfunction.' Reality: Data diagnostic events (e.g., missing data warnings, anomalies) are different from malfunctions. Diagnostic events are informational and may not require paper-log substitution unless they affect record accuracy. True malfunctions (display failure, GPS failure, data recording failure) do require paper logs.
How FileFlo handles 49 CFR § 395.34
FileFlo files the records this section calls for, reads the dates off them, and tracks each one against its renewal. Where a record this section needs is missing or out of date, the gap is named with the citation in your audit binder.
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Frequently asked questions
What must a driver do when an ELD malfunctions?▾
(1) Note the malfunction on the record. (2) Reconstruct paper logs for the current 24-hour period and prior 7 consecutive days. (3) Notify the carrier within 24 hours. (4) Continue using paper logs until the ELD is repaired.
How long does the carrier have to repair the ELD?▾
8 days from discovery or driver notification per 49 CFR 395.34(b)(2). After 8 days, if the malfunction persists, the carrier must replace the device.
Where does the driver get the paper logs?▾
Carriers must supply 8 days of blank paper logs in every CMV per 49 CFR 395.22(b)(2). The driver uses these forms when the ELD malfunctions.
What's the difference between a malfunction and a data diagnostic event?▾
A MALFUNCTION is a hardware or software failure preventing accurate record-keeping: requires paper-log substitution. A DATA DIAGNOSTIC EVENT is an informational warning (missing data, anomaly) that may not affect record accuracy, typically does NOT require paper-log substitution unless the data integrity is compromised.
Can the driver be penalized for the malfunction?▾
No. 49 CFR 395.34 prohibits the carrier from penalizing the driver for an ELD malfunction. The malfunction is the equipment's failure, not the driver's.
What happens at a roadside inspection during a malfunction?▾
The driver presents paper logs covering the current day + prior 7 days. The inspector can verify the malfunction on the ELD display. If paper logs are complete and the malfunction is documented, the driver can continue. Missing paper logs during a malfunction is a violation.
Related regulations
Related guides
Sources + reviewer
Primary source: eCFR.gov: 49 CFR § 395.34
Reviewed by Chad Griffith (Founder + CEO, FileFlo) on