ELD compliance is a system, not a device
Buying a registered ELD is where compliance starts, not where it ends. The rule also covers what rides 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 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.
When an ELD problem becomes 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 I think about ELD compliance the way I think about any system. Every piece needs an owner, a deadline, and a check.
The full briefing, read aloud
8 chapters. Select one to jump to it.
Generated with AI text-to-speech from this article's key insights, in order, rather than reading it word for word. Chapter times come from a transcript of the audio. The article itself was written and reviewed by Inely Baez.
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.
Five devices were removed on August 6, 2026
Carriers using MOONLIGHT, HGRS, HIGHEST, TRUCKFORD, or Sparkle ELD must replace them before October 6, 2026.
Every cab needs an information packet
Two instruction sheets, plus blank graph-grid logs for at least 8 days.
Malfunctions run on a clock
Drivers give written notice within 24 hours; carriers must correct the malfunction within 8 days.
Some operations are exempt
Drivers logging no more than 8 days in any 30, certain driveaway-towaway moves, and pre-2000 vehicles.
In this articleContents
What does the ELD rule require?
The ELD rule requires carriers subject to hours-of-service record keeping to have drivers record duty status on an electronic logging device. It has applied since December 18, 2017, under 49 CFR Part 395.
Most carriers get the device right. The gaps show up in everything around it.
Who is exempt from the ELD rule?
Under 49 CFR 395.8, a carrier may use paper records of duty status instead when the driver is operating:
- On no more than 8 days in any 30-day period
- In a driveaway-towaway operation where the vehicle driven is the shipment
- In a driveaway-towaway operation moving a motor home or RV trailer
- A vehicle manufactured before model year 2000, per the VIN on the registration
FMCSA also grants separate exemptions and waivers, so check its exemptions page before assuming one applies.
Is your ELD on FMCSA's registered list?
Manufacturers self-certify their devices and register them with FMCSA, which publishes the list and states that it does not endorse any ELD. 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 for failing to meet the minimum requirements. Carriers using them must replace them before October 6, 2026.
For your ELD compliance, that is a vendor risk you own. Confirm your device is listed today, and put a recurring check on someone's calendar.
What must be in the cab?
Under 49 CFR 395.22(h), every driver must carry an ELD information packet with three parts.
| Item | What it is for |
|---|---|
| Data transfer instruction sheet | How to produce and transfer the driver's records to a safety official |
| Malfunction instruction sheet | Reporting requirements and record keeping during a malfunction |
| Blank graph-grid logs | Enough paper to log at least 8 days of duty status |
A missing packet is one of the easiest ELD compliance gaps to create, and to prevent. It usually happens when a truck changes hands or a device is swapped.
What happens when an ELD malfunctions?
A malfunction starts two clocks. Under 49 CFR 395.34, the driver must:
- Give the carrier written notice within 24 hours
- Reconstruct the current day and the previous 7 days on paper logs, unless the records can be retrieved
- Keep logging on paper until the device is repaired
The carrier must correct the malfunction within 8 days of discovering it or of the driver's notice, whichever comes first. Need longer? Notify the FMCSA Division Administrator for your state within 5 days of the driver's notice.
How to run ELD compliance as a system
Each step turns one part of the rule into a routine with an owner.
Step 1: Assign one owner
One person owns device status, packets, malfunctions, and backups. When everyone owns it, nobody does.
Step 2: Check devices against the registered list
Do it now, given the October 6 deadline, then on a schedule. Record the date of each check.
Step 3: Audit the in-cab packet
Check all three items at every preventive maintenance visit, and whenever a unit changes drivers or devices.
Step 4: Write the malfunction procedure down
Name who the driver notifies, who tracks the 8-day window, and who contacts FMCSA if you need an extension.
Step 5: Keep and test the 6-month backup
Store it on a device separate from the original, and confirm you can restore it. A backup you have never restored is an assumption.
Step 6: Review logs weekly
Hours-of-Service Compliance is one of the BASICs FMCSA associates most strongly with crash risk. A weekly review 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 data it produces all need attention. We cover each one.
ELD solutions for fleets
Simplex offers ELD solutions, and we help 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, 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?+
What if my ELD is removed from FMCSA's registered list?+
Where this information comes from
The requirements below come from federal regulation and FMCSA's own device registry, checked on September 23, 2026.
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1
eCFR — 49 CFR 395.8
When ELDs became required, and who may use paper records instead.
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2
eCFR — 49 CFR 395.22
The in-cab information packet and the 6-month backup requirement.
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3
eCFR — 49 CFR 395.34
Driver and carrier duties when an ELD malfunctions.
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4
FMCSA — Registered ELD List
Self-certified devices, and FMCSA's statement that it endorses none.
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5
FMCSA — ELD Home
The August 6, 2026 removals and the October 6, 2026 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 · Updated
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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.
If you want help checking your devices, packets, and malfunction procedure, talk to our team.