Violation code395.30

§395.30

ELD malfunction handling

49 CFR §395.30

At a glance

Severity
1
OOS eligible
No
BASIC category
Hours-of-Service Compliance
Typical fine
$100–$1,000 per offense; up to $11,000 for prolonged malfunction without replacement

When the ELD malfunctions, the driver must note it, reconstruct duty status on paper, and the carrier must repair or replace the device within 8 days. Severity weight 1, but a frequent finding at roadside.

§395.30 sets the malfunction protocol. When an ELD malfunctions, the driver must (1) note the malfunction and provide written notice to the carrier within 24 hours, (2) reconstruct the current 24-hour period and the prior 7 days on paper graph-grid logs, and (3) continue paper logs until the ELD is repaired. The carrier must take action to correct the malfunction within 8 days of discovery or notification.

Severity weight

Severity weight 1 in the HOS Compliance BASIC. The weight is low, but a §395.30 finding combined with a §395.22 ELD-not-required-information finding is what auditors aggregate — and a prolonged malfunction without repair escalates the carrier-side penalty quickly.

The 8-day clock

The 8-day repair window in §395.30(c) starts at discovery or carrier notification, whichever is earlier. Carriers that allow an ELD to remain in service "malfunctioning but kind of working" past the 8-day mark take a §390.5 carrier-side citation in addition to the driver-side finding.

How to prevent it

  • Stock paper logs and §395 instructions in every CMV — the §395.30 reconstruction starts the moment the malfunction is detected.
  • Train drivers to report malfunctions immediately. The 24-hour notice clock starts at detection.
  • Track ELD malfunctions in dispatch. The 8-day repair deadline needs a system to enforce it.

How Roadworthy HQ helps

ELD malfunction events logged in Roadworthy HQ start the 8-day repair countdown, retain the driver's reconstructed paper logs against the §395.8 record, and surface the §385.337 corrective-action documentation an auditor expects.

Related violations

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Roadside findings link to the driver and vehicle, with corrective action documented and surfaced in the audit binder.

Not legal advice · CFR is the authoritative source · SMS Appendix A publishes current severity weights