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