What To Do If Your ELD Is Not Compliant (2026 Guide for Carriers and Drivers)

What should you do if your ELD is not compliant? Switch to paper logs right away, then fix the device within 8 days if it malfunctioned, or replace it with a registered ELD within 60 days if FMCSA revoked it. Miss that window and the driver goes out of service.

By Quick Transport Solutions Editorial Team | Last updated: September 28, 2026 | Originally published August 29, 2017

If your ELD is not compliant, the clock starts the moment you find out. When we first wrote this post in August 2017, the ELD mandate had not even taken effect and only a few dozen devices were on FMCSA’s list. Nine years later the problem looks different: the list has grown to roughly 1,050 self-certified devices, and FMCSA is pulling non-compliant ones off it faster than ever.

Since January 2025, FMCSA has revoked at least 95 ELDs, based on our count of the agency’s own notices. The latest batch of five devices, removed on August 6, 2026, must be replaced before October 6, 2026. If one of those is in your trucks, you have days, not weeks. This guide walks through exactly what the regulations require, step by step.

What does it mean when an ELD is not compliant?

An ELD is not compliant when it no longer meets the technical standard in Appendix A to Subpart B of Part 395, or when it cannot record hours of service accurately. In practice, that covers three very different situations, and each one comes with its own deadline.

The first is a revoked device: FMCSA found the model does not meet the minimum requirements and moved it to the Revoked ELDs list. The second is a malfunction: your device is registered, but it stopped recording correctly. The third is misuse or tampering: the device works, but the records on it are false or edited without the required trail. If you are new to the terms, our trucking terminology guide covers RODS, HOS, and the rest.

Sources: 49 CFR 395.8, 395.34; FMCSA revocation notices; CVSA inspection bulletin effective April 1, 2026.

Before you panic, confirm your operation actually needs an ELD. Under 49 CFR 395.8(a)(1)(ii)(A), a carrier may use paper logs instead of an ELD for drivers who need logs on no more than 8 days in any 30-day period, for driveaway-towaway operations, and for vehicles manufactured before model year 2000, as shown by the VIN on the registration. Drivers who qualify for the short-haul exception in 395.1(e), which generally means staying within 150 air miles of the work reporting location and being released within 14 hours, do not keep logs at all. Our ELD mandate questions guide covers these exemptions in more detail.

How do you check if your ELD has been revoked?

Check FMCSA’s ELD list and open the “Revoked ELDs” tab. Search by the model name and the ELD identifier printed on your device or in its settings, not just the brand, because one company can have several models and only some may be revoked. FMCSA also posts each revocation on the ELD news page and emails carriers who signed up for updates.

FMCSA is clear that the registered list is not an endorsement. The list page states that “the listed devices are self-certified by the manufacturer.” In other words, a device being listed today only means the manufacturer says it complies. That is why revocations keep coming.

Source: FMCSA ELD News and Events, FMCSA newsroom. Highlighted row is the only window still open as of September 28, 2026.

The pace has picked up sharply. FreightWaves counted 34 revocations in 2025, up 62% from 21 in 2024. By May 2026 its reporter Rob Carpenter put the registered list at about 1,050 devices and the revoked list at more than 250. “Safety is not optional, and neither is compliance,” FMCSA Administrator Derek Barrs said when announcing the May 20 batch.

What should you do if FMCSA revokes your ELD?

If FMCSA revokes your ELD, stop using it for hours of service, move drivers to paper logs or compliant logging software, and install a registered replacement before the 60-day deadline. Every FMCSA revocation notice uses the same two steps. Here is how that plays out in practice.

1. Stop relying on the revoked device. FMCSA’s notices tell carriers to “discontinue using the revoked ELDs and revert to paper logs or logging software to record required hours of service data.”
2. Brief your drivers the same day. Make sure each truck has blank graph-grid logs and that drivers know how to fill them out. Many drivers hired after 2017 have never kept a paper log.
3. Pick a replacement from the Registered ELDs tab. Check the model and identifier, not just the brand. Our guide to choosing the right ELD solution covers features worth paying for.
4. Export your data before you switch. You still have to keep records of duty status and supporting documents for at least 6 months under 395.8(k), and carriers must keep a back-up copy of ELD records on a separate device under 395.22(i).
5. Install and test before the deadline, not on it. Run a test data transfer so drivers know how to send logs at the roadside.

During the 60 days, FMCSA encourages officers not to cite drivers for 395.8(a)(1) or 395.22(a) and to check paper logs, logging software, or the old ELD display instead. That protection ends on the deadline. From then on, FMCSA’s enforcement notices say officers “should cite 395.8(a)(1) and place the driver out-of-service,” and that includes drivers “improperly using paper logs.” Reinstatement is possible if the manufacturer fixes its device, but FreightWaves notes that reinstatements are not common, so do not plan around one.

What should drivers do when an ELD malfunctions?

When an ELD malfunctions, the driver must give the carrier written notice within 24 hours, reconstruct the record of duty status for the current 24-hour period and the previous 7 consecutive days, and keep paper logs until the device is fixed. Those are the three driver duties in 49 CFR 395.34(a). The driver does not need to reconstruct records that are already in hand or can still be pulled from the ELD.

The carrier then has 8 days from discovery or from the driver’s notice, whichever comes first, to repair, service, or replace the device. According to FMCSA’s malfunction FAQ, a driver can show the previous 7 days to an officer “by way of any printed copy, or in an electronic form, such as a PDF.”

Not every warning light is a malfunction. ELDs also flag “data diagnostic events,” which are smaller data inconsistencies. For those, the regulation only requires the driver to follow the carrier’s and ELD provider’s instructions to resolve the issue. A true malfunction is triggered by thresholds like these:

Source: FMCSA ELD Malfunctions and Data Diagnostic Events FAQs.

Engine sync and power malfunctions are often caused by a loose cable or a bad port rather than the ELD itself, so have the driver check connections first. Our tips on getting more out of your ELD cover setup habits that prevent repeat faults.

Can you get more than 8 days to fix a non-compliant ELD?

Yes. A carrier can ask FMCSA for more time, but the request must reach the FMCSA Division Administrator for the state of the carrier’s principal place of business within 5 days after the driver reports the malfunction. Under 395.34(d)(2), the signed request must include:

• The name, address, and phone number of the carrier representative filing it
• The make, model, and serial number of each affected ELD
• The date and location of each malfunction as reported by the driver
• A concise statement of the good-faith steps taken to fix it, including why more than 8 days is needed

FMCSA’s FAQ adds that the request should also list the carrier’s legal name, principal place of business address, and USDOT number. Once a complete request is filed, the carrier is treated as compliant until FMCSA decides. This is the modern version of the fleet relief we described in 2017: when a large fleet has many devices down at once, the extension process is how you get a workable timeline. Note that this extension applies to malfunctions. For revoked devices, the 60-day window in the revocation notice is the deadline.

What must be in the cab when your ELD is not compliant?

Every truck must carry an ELD information packet with three items: a data transfer instruction sheet, a malfunction instruction sheet, and blank graph-grid logs for at least 8 days. That is the current text of 49 CFR 395.22(h), and those blank logs are what make a same-day switch to paper possible.

One requirement did go away this year. FMCSA’s final rule published June 22, 2026 removed the rule that a copy of the ELD user’s manual be kept in the vehicle, effective July 22, 2026. FMCSA noted that “in 2024, over 3,000 drivers were found to be in violation of this requirement.” You can still carry the manual if you like, and manuals are available through the FMCSA ELD site.

What happens at a roadside inspection if your ELD is not compliant?

At the roadside, an officer will ask the driver to transfer logs from the ELD or show paper records, then check them for hours-of-service violations and signs of falsification. If the ELD is revoked and past its deadline, or the driver cannot produce a valid record, the stop ends with a “no record of duty status” citation and an out-of-service order.

The transfer itself has changed little since 2017. According to FMCSA, telematics ELDs send records by web services or email, while local ELDs use USB 2.0 or Bluetooth. The officer then opens the file in FMCSA’s eRODS software, which flags potential violations. If the transfer fails, the back-up method is the ELD’s on-screen display or a printout. Our older post on how telematics is changing trucking covers the technology behind it.

Enforcement has become much sharper on tampering. ELD tampering was the driver focus of the 2026 International Roadcheck, and CVSA reported these results:

• 54,575 inspections, with 3,184 drivers (5.8%) placed out of service
• Hours of service was the second most common driver out-of-service violation, at 929
• 146 out-of-service orders for ELD tampering, the seventh most-cited driver violation
• 266 out-of-service violations for false records of duty status

CVSA’s own focus-area page says falsified records of duty status were the second most-cited driver violation in 2025, at 58,382 violations. Since April 1, 2026, CVSA inspection guidance says that when tampering makes it impossible to tell when driving occurred, the inspector cites 395.8(e)(2) and puts the driver out of service for 10 consecutive hours. For the bigger picture on falsified logs, see our guide to the pitfalls of log falsification, and read how inspections feed your BASIC scores.

Fines stack on top of the downtime. Under Appendix B to Part 386, failing to keep a required record, or keeping one that is incomplete, inaccurate, or false, carries a maximum civil penalty of $1,584 per day, up to $15,846. Carriers are on the hook too: see who is responsible for hours-of-service compliance, and remember that the FMCSA coercion rule protects drivers who refuse to run on bad logs.

How do you protect your fleet from a non-compliant ELD vendor?

The best protection is choosing a vendor that is unlikely to be revoked and getting a contract that pays you if it is. In 2017 we suggested asking vendors to write compensation for a delisting into the supply agreement. That advice holds up better than ever, and a vendor that will not sign it is telling you something.

In his May 2026 coverage, FreightWaves’ Rob Carpenter suggested four quick checks before buying: when the device was registered, whether the company is still in business and answers the phone, whether it shipped a software update in the last 12 months, and whether any of its other devices have been revoked. That last point matters. In the July 9, 2026 batch, three of the ten revoked devices came from companies that had already lost a device before.

For the contract, ask for these terms in writing:

• Free replacement hardware and setup if FMCSA revokes the model
• A refund of prepaid subscription fees for the revoked device
• Reimbursement for documented downtime or fines caused by a revocation
• Data export in a usable format so you can meet the 6-month retention rule after switching

The system itself is also changing. In December 2025, FMCSA tightened its review of new ELD registrations, adding a check against previously revoked devices. It stopped short of third-party testing, which Canada has required since 2021. A broader ELD rule revision (RIN 2126-AC50) is on FMCSA’s regulatory agenda with a proposed rule scheduled for November 2026. Nothing in the current rules changes until that rule is actually proposed and finalized.

What has changed since we first wrote about non-compliant ELDs in 2017?

Almost everything except the basic duties. Our original post was written four months before the December 18, 2017 mandate date, when fewer than 40 devices were on FMCSA’s list and some of the largest telematics providers were still finishing their self-certification. The worry then was that a fleet would buy a device that was never properly certified.

Today the risk runs the other way. The list is long, it is still self-certified, and several vendors have now had more than one device revoked. The malfunction rules in 395.34 have not changed since January 2017, and eRODS is still how officers read your logs. What is new is the pace of revocations, the 60-day replacement playbook, the end of the in-cab manual rule, and much tougher roadside treatment of tampering. For more history, see our look at the history of hours of service and the ELD mandate and our 2017 checklist for confirming ELD compliance.

Frequently asked questions about a non-compliant ELD