What is suppose to happen if the ELD stops functioning?

If they get caught during a roadside, that's a violation for maintaining two logbooks.

I'd also keep a malfunction reporting sheet in your truck at all times that includes instructions on what to do in the event of a failure. This covers your ### on having the malfunction reporting instructions and gives you something to show that you have documented the failure.

 

Already have that. I spoke with a DOT officer and he said as long as the 2 match up then there is not an issue.

 

Notes, Notes, Notes = C.Y.A... Be sure to document on the paper log, when the "malfunction" occurred and the nature of the "malfunction." Also, once the ELD us back up and running, enter the same note there. Failure to properly note the malfunction that requires use of paper log, carries a Severity Value of '5'. 395.34A1

 

***Use the word(s) ELD MALFUNCTION***

 

That's the notation the drivers use. We had it where the screen just didn't show what was going on for the drivers so they were concerned it wasn't recording. They put that in the notes section and it was awesome to see that everything was the same between the ELD and the paper log.

 

I usually instruct my customers to use the exact words:
"ELD MALFUNCTION. (Summary of the nature of the malfunction i.e. Stuck in Status, phone broke, fell in toilet, etc). See Paper Log."
Then I instruct them to include the same EXACT Note on their paper log as well.

 

Fell in toilet!

 

I've had multiple writeups for different drivers show up on my desk due to this very circumstance. Top of my head i'd like to say they were all NYS, not sure how the other 47 states are enforcing this. Just my 2¢.