15 3 Enforcement NOW, WHAT’S THE PROCESS FOR REQUESTING AN EXTENSION OF THE 8-DAY REPAIR OR REPLACE WINDOW? 1. Per Sec. 395.34(d), you must submit a request, within 5 days of a driver notifying you of the ELD malfunction, to the FMCSA Division Administrator in the State where you maintain your principal place of business (for FMCSA compliance purposes). A State-by-State list of FMCSA offices, including address and phone number, is found at this link: https://www.fmcsa.dot.gov/ mission/field-offices 2. Your request must include: a. The motor carrier name, your name, company address and company phone number. b. The make, model and serial number of each malfunctioning ELD. c. The date and geographical location of each ELD malfunction, as reported by your driver to you. d. A short statement describing the actions you’ve taken to make a ‘good faith effort’ to repair, replace or service the broken ELD(s), including why you need additional time. A good description of your good faith effort is critical. 3. There is no FMCSA form for making this request. It can be made verbally (e.g., on the phone) and then followed up with an email message. Given the time-sensitive nature of your request, you should call the FMCSA office to explain your situation, and to obtain the name and email address of the person to whom your email request should be sent. 4. Send your short email message. Be concise, respectful and professional. WHAT HAPPENS NEXT 1. Whether your request is granted or not, the FMCSA will email you a short letter. 2. According to FMCSA’s rules, this letter is a “final agency action,” which means there is no appeals process. 3. If your request is granted, the letter will likely include a requirement that your driver carry a copy of the letter in the truck with the malfunctioning ELD, and that you keep a copy of the letter at your place of business. 4. If your request is granted, there is no requirement for you to notify FMCSA when your ELD is repaired or replaced (unless the FMCSA letter includes that condition, which is unlikely). WHAT HAPPENS IF FMCSA DOESN’T QUICKLY RESPOND TO MY REQUEST FOR A TIME EXTENSION? It is almost certain that some FMCSA offices won’t be able to quickly respond to extension requests. Fortunately, Section 395.34(d)(5) of FMCSA’s rules says that if a carrier’s extension request is timely filed and complete, then they are “deemed in compliance” until FMCSA makes an extension determination. This section clearly anticipates that there will be times when an FMCSA office won’t be able to respond within the 8-day period. Section 395.34(d) of FMCSA’s ELD mandate rules requires a motor carrier to repair or replace a malfunctioning ELD “within 8 days of discovery of the condition or a driver’s notification to the carrier, whichever occurs first.” Section 395.34(d) of FMCSA’s rules also provides an opportunity for a motor carrier to seek an extension of the 8-day period, if the carrier is unable to repair or replace the ELD within the 8 day period. How Do I Request a Time Extension to Repair or Replace a Malfunctioning ELD?