ELD malfunction: paper logs for the last 8 days
When your electronic logging device fails, 49 CFR 395.34 puts you on paper logs until it is fixed. Here is what to do, and a log maker that rebuilds all 8 days.
What the rule asks of you
- Within 24 hours: note the malfunction and tell your carrier in writing (395.34(a)(1)). The log book prints a notice you can fill in and hand over.
- Next: rebuild your record of duty status for the current 24-hour period and the previous 7 days on graph-grid paper logs that meet 395.8 (395.34(a)(2)). You can skip this if you already have those records or can get them from the ELD.
- Until it is fixed: keep logging on paper (395.34(a)(3)). At an inspection, show the officer these paper logs (395.34(b)).
Your carrier must repair or replace the ELD within 8 days of finding out or of your notice, whichever is first. It can ask FMCSA for more time within 5 days of your notice (395.34(d)).
Rebuilding the 8 days here
Open the log book and tick "My ELD stopped working". It lists today and the 7 days before. Go through each day and type the changes of duty status: time, status and city and state. Days you were off duty all day need one line, off duty from the start of the day.
Choose "Last 8 days" under Print. You get the malfunction notice, one log sheet per day and a recap page with the 60/70-hour totals. Sign each day in ink.
Times go in your home terminal's time zone, as on any paper log. A data diagnostic event is not a malfunction: for those, follow your carrier's and the ELD maker's instructions (395.34(c)).
Questions drivers ask
How long can you use paper logs after an ELD malfunction?
Until the ELD is repaired or replaced. The carrier has 8 days to fix it from when it learns of the malfunction, unless it asks FMCSA for an extension within 5 days and FMCSA grants more time.
Do I really have to redo 8 days?
Yes, today and the previous 7 days, unless you already have those records (for example a printout) or they can be retrieved from the ELD. That is the 8 days an officer can ask to see.
Does the written notice have a set form?
No. 395.34 only says written notice to the motor carrier within 24 hours. Many carriers have their own form; the notice printed here lists the driver, truck, date, what happened and a signature line.
Can I keep the paper logs on my phone?
FMCSA guidance (question 28 on 395.8) lets a driver use a phone or computer program to make the grid if the output has everything 395.8 asks for and is signed each day. Print and sign if you do not sign electronically.
Sources
49 CFR 395.34 and 395.8 on eCFR, read October 24, 2026. FMCSA guidance on logging software, 79 FR 39342.