ELD compliance is a system, not a device: what your fleet needs to run it
Buying a registered ELD is where compliance starts, not where it ends. The rule also covers what sits in the cab, what happens when a device fails, and how long you keep the data.
Written by Inely Baez
The ELD rule in numbers
ELD compliance means running a registered electronic logging device, keeping the required information packet in every cab, following the malfunction procedure when a device fails, and keeping a separate backup of your records, all under 49 CFR Part 395.
In my experience, when an ELD problem turns into a violation, the cause is usually a gap in process rather than a fault in the device: a missing instruction sheet, a malfunction nobody reported, a backup nobody kept.
I lead operations at Simplex, and the way I think about ELD compliance is the way I think about any system. Each piece needs an owner, a deadline, and a check. This article lays out each piece of the rule and how to run it.
Key takeaways
The device must be on FMCSA's registered list
ELDs are self-certified by their manufacturers and FMCSA does not endorse any device, so the registered list is the one that matters.
Five devices were removed on August 6, 2026
FMCSA removed MOONLIGHT ELD, HGRS ELD, HIGHEST ELD, TRUCKFORD ELD, and Sparkle ELD, and carriers using them must replace them before October 6, 2026.
Every cab needs an ELD information packet
That means a data transfer instruction sheet, a malfunction instruction sheet, and blank graph-grid logs for at least 8 days.
Malfunctions run on a clock
Drivers must give written notice within 24 hours, and the carrier must correct the malfunction within 8 days unless it requests an extension.
Keep a separate backup
Carriers must keep a backup copy of ELD records for 6 months on a device separate from the one holding the original data.
Some operations are exempt
Drivers who keep logs on no more than 8 days in any 30-day period, certain driveaway-towaway operations, and vehicles manufactured before model year 2000 may not need an ELD.
In this articleContents
What does the ELD rule require?
The ELD rule requires motor carriers subject to hours-of-service record keeping to have their drivers record duty status on an electronic logging device, and it has applied since December 18, 2017. It is part of 49 CFR Part 395.
The rule does not stop at the device. It also sets what drivers must carry, what happens during a malfunction, and how you store the records. Most carriers get the device right. The gaps tend to show up in everything around it.
Who is exempt from the ELD rule?
Under 49 CFR 395.8, a carrier may have a driver keep paper records of duty status instead of using an ELD when the driver is operating a commercial motor vehicle:
- That requires a record of duty status on no more than 8 days within any 30-day period
- In a driveaway-towaway operation where the vehicle being driven is part of the shipment being delivered
- In a driveaway-towaway operation where the vehicle being transported is a motor home or a recreation vehicle trailer
- That was manufactured before model year 2000, as shown by the VIN on the vehicle's registration
It is worth noting that FMCSA also grants separate exemptions and waivers. Check FMCSA's ELD exemptions and waivers page before you assume one applies to your operation.
Is your ELD on FMCSA's registered list?
Your ELD must be a registered device. Manufacturers self-certify their devices as compliant and register them with FMCSA, which publishes the list and states plainly that it does not endorse any electronic logging device.
Self-certification means a device can also come off the list. On August 6, 2026, FMCSA removed MOONLIGHT ELD, HGRS ELD, HIGHEST ELD, TRUCKFORD ELD, and Sparkle ELD from the registered list because the companies failed to meet the minimum requirements. Carriers using any of them must replace them with registered devices before October 6, 2026.
For your ELD compliance, that is a vendor risk you own, not your provider. Whichever device you run, confirm it appears on FMCSA's registered list today, and put a recurring check on someone's calendar so a removal never catches you by surprise.
What must be in the cab?
Under 49 CFR 395.22(h), every driver must have an ELD information packet on board the commercial motor vehicle. It has three parts.
| Item | What it is for |
|---|---|
| Data transfer instruction sheet | Step-by-step instructions for producing and transferring the driver's hours-of-service records to a safety official |
| Malfunction instruction sheet | The malfunction reporting requirements and record keeping procedures during a malfunction |
| Blank graph-grid logs | Enough blank records of duty status for the driver to log at least 8 days on paper |
A missing packet is one of the easiest ELD compliance gaps to create and one of the easiest to prevent. It usually happens when a truck changes hands, a device is swapped, or a new driver takes over a unit.
What happens when an ELD malfunctions?
An ELD malfunction starts two clocks, one for the driver and one for the carrier. Under 49 CFR 395.34, the driver must:
- Note the malfunction and give the motor carrier written notice within 24 hours
- Reconstruct the record of duty status for the current 24-hour period and the previous 7 consecutive days on graph-grid paper logs, unless the records are already in hand or can be retrieved from the ELD
- Keep logging on paper until the ELD is serviced and back in compliance
The carrier must correct the malfunction within 8 days of discovering it or of the driver's notice, whichever comes first. If you need more time, you must notify the FMCSA Division Administrator for the state of your principal place of business within 5 days after the driver notifies you.
Treat a malfunction like any other incident in your ELD compliance program: it needs an owner, a log entry, and a deadline someone is watching.
How to run ELD compliance as a system
Each step below turns one part of the rule into a routine with an owner.
Step 1: Assign one owner
Name one person responsible for device status, in-cab packets, malfunctions, and backups. When everyone owns ELD compliance, nobody does.
Step 2: Check your devices against the registered list
Do it now, given the October 6, 2026 deadline for the five removed devices, and then on a set schedule. Record the date of each check.
Step 3: Audit the in-cab packet on a schedule
Check every truck for all three packet items at each preventive maintenance visit and whenever a unit changes drivers or devices.
Step 4: Write down your malfunction procedure
Spell out who the driver notifies, how the 24-hour notice is recorded, who tracks the 8-day repair window, and who contacts FMCSA if you need an extension.
Step 5: Keep and test the 6-month backup
Store the backup copy of ELD records on a device separate from the original, and test that you can actually restore it. A backup you have never restored is an assumption.
Step 6: Review logs every week
Hours-of-Service Compliance is one of the BASICs FMCSA associates most strongly with crash risk. A weekly review of your ELD data catches problems before a roadside inspection does, and it is part of the HOS management in our compliance programs.
How Simplex helps you run ELD compliance
The device, the process around it, and the hours-of-service data it produces all need attention. We cover each one.
ELD solutions for fleets
Simplex offers ELD solutions for carriers, and we can help you set up the process around the device, not just the device.
ELD and hours-of-service support
Our DOT safety compliance team covers ELD and hours of service, driver qualification files, substance abuse testing, and audit support.
A program that keeps checking
Our compliance programs include HOS management, CSA monitoring, mock audits, and driver qualification file management.
Frequently asked questions
When did the ELD rule take effect?+
Who is exempt from using an ELD?+
What must a driver keep in the truck with an ELD?+
What should a driver do when an ELD malfunctions?+
How long does a carrier have to fix a malfunctioning ELD?+
What if my ELD is removed from FMCSA's registered list?+
Where this information comes from
The ELD rule is federal regulation, and FMCSA maintains the list of registered devices. The requirements in this article come from the official sources below, checked on September 18, 2026.
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1
eCFR — 49 CFR 395.8
When ELDs became required, and the operations that may use paper records of duty status instead.
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2
eCFR — 49 CFR 395.22
The in-cab ELD information packet and the 6-month backup requirement.
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3
eCFR — 49 CFR 395.34
What drivers and carriers must do when an ELD malfunctions, and the extension process.
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4
FMCSA — Registered ELD List
The official list of self-certified, registered devices, and the devices FMCSA has revoked.
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5
FMCSA — ELD Home
The August 6, 2026 removal of five devices and the October 6, 2026 replacement deadline.
Written by
Inely Baez
Chief Operating Officer, Simplex Group
Chief Operating Officer at Simplex Group, with nearly eight years at the company leading operational strategy and execution across compliance, technology, logistics, and performance systems. She is a Certified Public Accountant with a background spanning operations and finance, including leadership roles within Simplex's Freight 4 U division and Velox Transport Solutions. Her work focuses on building scalable, disciplined systems that support long-term performance and growth.
Published
Related articles and services
A registered device is where ELD compliance starts
The device records the data. Your process decides whether that data holds up at a roadside inspection or an audit. Carriers who give every piece of the rule an owner and a check spend far less time explaining gaps later.
If you want help checking your devices, packets, and malfunction procedure, talk to our team.