If the ELD breaks?

This is what happens when bureaucrats and politicians craft legislation and regulations for an industry in which they have zero knowledge or experience. They write these regulations assuming you work 9-5 and are home every day to address any potential issues that may arise...and that you'll have easy access to anything you might need to repair or replace defective components. Same thing tends to happen with the DMV...mailing notices with 10-15 day response times required. Takes a few days for it to make it to your house, and if you're on the road a few weeks at a time your license could be suspended before you are ever aware there is a problem. Same with the medical cards. I faxed mine to the state, and about 3 weeks later received a letter in the mail. Apparently the medical examiner had placed his medical license number instead of his registry number on the form...and I had a week to get that corrected or my license would be downgraded. Luckily I am a local driver and home every night, so it was easy enough to swing by the examiner's office to get it corrected and then fax the corrected form back to the state. If I was OTR? My license would have been downgraded before I was ever aware of any problems.

Bottom line, all you can do is the best you can do and HOPE whatever LEO you might have to deal with understands the limitations of the job while TRYING to comply with sometimes impossible and nonsensical regulations written by folks who simply don't know any better.

 

But without this rule, drivers would be constantly microwaving their elog device so they can work 20 hours a day.

"But officer, I haven't been home for 7,986 days to pick up my elog device that broke and I sent back for repairs"
Officer "Driver?, You haven't been home for that long?"
driver "yes, I never go home, here, look at my paper log book, it shows I haven't been near home"

 

What will have to happen is simply the ELD mfg's will have to cross ship the units, maybe with a refundable deposit. Send out the new one and give 30 days to return the old one is common in the electronics industry in the couple times I've had to do an RMA. After 30 days then charge a replacement fee.
Driver will have to get a load going to wherever the ELD is mailed to, swap it and send the old back.

 

As far as the FMCSA and other enforcement officials are concerned, they consider the ELD is at least as important as the ECM. If your ECM was malfunctioning you would take immediate steps to address the issue( go to a dealer or repair shop whatever) . By giving you an 8 day window they are being more generous than they have to be.
The units are very reliable, and in today's supply chain getting you replacements are on a par with getting any part for your truck to you.
If you fail to comprehend that HOS enforcement has been getting tighter and tighter over the years, then you are operating on "old school" assumptions. I believe there was a song about it once.

The ICC is a checkin' on down the line.
I'm a little overweight and my log books way behind...

Dave Dudley Six Days on the Road

 

Yeah, but nothin' bothers me tonight...I can dodge all the scales alright! 6 days on the road and I'm-a gonna make it home tonight.

You're only in trouble if you get caught...learned that from a Disney movie.

 

Still, nobody gets it. You are supposed to sit at home and go broke, or run a paper log over the eight days until they place you out of service. Either scenario leads to you going out of business... just like the ATA and megas lobbied for.

 

On this one aspect of the rule specifically (to answer the OP) it will be VERY IMPERATIVE that the ELD maker/provider have very FAST support. The scenario in your post is very conceivable if they don't. Go with someone who has 24/7/365 support. And preferably has service/warranty centers across the country such that in many cases you could just pull in and swap it under warranty.

 

Wow you guys over think this too much.

YOU have eight days to fix it but how are you going to provide the proof that it was broke eight days ago?

the rule is this - in general terms, you use paper to reproduce the logs to the best of your ability when the unit breaks which leads up to the next and more important part of this ...

the dot officer can't demand you to produce the logs going back past that eight days for an inspection. He is powerless to do so and for the most part you are really not bright to give it to him. One reason why many of my drivers when dealing with this add the log data (not the actual log) to a notebook in a form they can decipher and reproduce the logs when the company needs them reproduced.

Now the caveat is this, if you play this game as I describe, you run the risk of being screwed over if you get into an accident.