Driver responsibilities for ELD malfunctions

Explains what the driver is responsible for when the Geotab Drive app has an ELD malfunction.

This article covers what the driver and their carrier are responsible for when an ELD malfunction occurs. For more information about ELD malfunction, see the Driver's Guide to Data Diagnostic and Malfunction Events for USA and Canada

  • Driver responsibilities in the USA:

    • Note the malfunction of the ELD and provide written notice of the malfunction to the motor carrier within 24 hours.

    • Reconstruct the record of duty status (RODS) for the current 24-hour period and the previous 7 consecutive days, on paper unless the driver already has the records or can retrieve them from the ELD.

    • Continue to manually prepare RODS on paper 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.

  • Carrier responsibilities in the USA:

    • Correct, repair, replace, or service the malfunctioning ELD within eight days of discovering the condition or a driver’s notification to the motor carrier.

    • Require the driver to maintain a paper record of duty status (RODS) until the ELD is back in service.

  • Driver responsibilities in Canada:

    • Notify the motor carrier as soon as the vehicle is parked.

    • Reconstruct the record of duty status (RODS) for the current 24-hour period on paper, as well as the previous 14 consecutive days unless the driver already has the records, or can retrieve them from the ELD.

    • Continue to prepare RODS manually on paper until the ELD is serviced and back in compliance. Recording the driver’s hours of service on a paper log cannot continue for more than 14 days after the malfunction.

    • On the day the malfunction or data diagnostic code is discovered, record the malfunction or data diagnostic code in the RODS; including the date and time it was noticed, and the time when the malfunction or data diagnostic code was transmitted to the motor carrier. Include the code from the adjoining tables in every RODS following the day the malfunction was noticed, until the ELD is back in service.

  • Carrier responsibilities in Canada:

    • Correct, repair, replace, or service the malfunctioning ELD within 14 days of discovering the condition, or receiving the driver’s notification.

    • Require the driver to maintain a paper record of duty status (RODS) until the ELD is back in service.

    • Maintain a register of ELD malfunctions or data diagnostic codes for ELDs installed or used including: 1) name of the driver who reported the malfunction or data diagnostic code, 2) name of every driver that used the vehicle from date of malfunction or data diagnostic code to the date of repair, 3) make, model, and serial number of the ELD, 4) license plate or vehicle identification number, 5) date and location the malfunction or data diagnostic code occurred, 6) date notified of malfunction or data diagnostic code, 7) date of repair; and 8) a description of actions taken to repair the ELD.

    • Retain information in subsection (6) for each ELD with a reported malfunction, for a period of 6 months from the day the ELD is back in service.