The rule that takes your ELD away never mentions you§395.22(a) says a motor carrier “must use only an ELD that is listed on” the registered devices list. No transition. No grace period. The moment your device leaves that list, you are outside that sentence. §395.34(d)(1) gives 8 days to correct — and it is the wrong rule. That is the malfunction provision, and a revocation is not a malfunction. If you take one thing from this issue, take that. |
Appendix A, §5.4 is the removal process itself: notice to the provider, 30 days to respond, agency action, 60 days for the provider to comply. Read end to end, it never addresses the motor carrier. You are not a party to the proceeding that strips the device you bought. FMCSA fills the gap only in the revocation notice, which tells carriers to discontinue the device and revert to paper logs, and separately gives 60 days to replace it. Those two are sequential, not alternative. The 60 days is to buy hardware, not 60 days of continued use. A carrier that reads “we have 60 days” and keeps running the device is recording duty status on something that is no longer an ELD — and the violation is §395.8(a)(1), no record of duty status, a CVSA out-of-service condition. The truck stops at the roadside on day one, not day 61. One thing I could not resolve: whether logs already created on a since-revoked device stay valid. The notice addresses use “on or after” the deadline, which implies earlier records stand — but that is an inference, not a ruling, and I will not print it as one. Check the registry → |