FMCSR 395.24(d): ELD Can't Transfer Records — Driver Q&A

Almost certainly not. Our inspection records show a 0.2% out-of-service rate for 395.24(d) across 17,629 all-time citations — meaning 17,587 of those inspections ended with the driver continuing down the road. For comparison, the all-FMCSR average OOS rate is 31.4%, so this code sits far below the baseline. The violation is flagged as OOS-ineligible, and the 42 out-of-service placements on record appear to be edge cases tied to compounding violations rather than this code alone. Expect a citation on your record, not a grounded truck.

The STATISTICS block for 395.24(d) does not include a published severity weight, so a specific point value cannot be confirmed here. What the data does show is that this is an Hours of Service BASIC violation, which means it lands on both the driver's and the carrier's CSA profile. Points in the HOS BASIC are multiplied based on how recently the inspection occurred — violations in the last 30 days carry the heaviest multiplier. Given the code ranks #153 out of 3,036 FMCSR codes by citation volume with 17,629 all-time hits, it is an actively enforced violation that inspectors know well.

Take these steps immediately:

1. Document the ELD fault. Note the exact error message, ELD model, and firmware version before the device resets or logs over the event.
2. Switch to paper logs if the ELD is non-functional. A broken electronic transfer function does not automatically excuse you from having a valid record of duty status — carriers whose drivers also picked up peer codes like 395.8A (41,341 citations) learned this the hard way.
3. Notify your fleet or ELD support line. The transfer failure may be a cellular, Bluetooth, or software issue that needs a ticket opened.
4. Keep a copy of your inspection report (MV-64 or CVSA form). You will need it if you pursue a DataQs challenge.

Relatively low severity — but it is not rare. Our inspection records rank 395.24(d) #153 out of 3,036 FMCSR codes, and its 0.2% OOS rate is a fraction of the 31.4% all-FMCSR average. Peer codes in the same Hours of Service category tell a much harsher story: 395.8A1-HOSP carries a 92.9% OOS rate across 52,266 citations, and 395.8(a)(1) hits 93.2% OOS across 39,561 citations. Even 395.8E-HOSPD (false record of duty status) sits at 9.6% OOS across 83,660 citations. By any of those benchmarks, 395.24(d) is the lower-stakes end of the HOS spectrum — the risk is CSA score accumulation, not being parked on the side of the road.

Yes, and equipment-based violations like this one are among the more contestable types. Because 395.24(d) is about whether the ELD could successfully transmit records electronically — a hardware or connectivity issue — you can submit a Request for Data Review (RDR) through FMCSA's DataQs portal if you have evidence the failure was outside your control (a documented ELD fault, a carrier repair ticket, a manufacturer log). The inspection record sits in federal MCMIS data, and a successful DataQs challenge can remove or amend the violation. With 17,629 all-time citations on record and zero in the last 90 days, inspectors have clearly enforced this code historically, so a well-documented challenge is worth pursuing if the facts support it.

The STATISTICS block for 395.24(d) does not include a state-level breakdown, so specific citation counts by state cannot be confirmed from the available data. What the data does show is that the violation has generated 17,629 all-time citations nationally, making it a broadly enforced code rather than one concentrated in a handful of jurisdictions. States with heavy commercial truck corridors and active inspection programs — particularly those in the CVSA weigh-station network — account for the bulk of HOS-category enforcement generally. Check the full TruckCodex state filter for 395.24(d) to see the current geographic distribution.

Fix it before your next inspection. Our inspection records show zero 395.24(d) citations in the last 90 days and zero in the last 12 months — which means enforcement of this specific code has gone quiet recently, but that does not eliminate the risk. A repeat citation compounds CSA points in the Hours of Service BASIC, and the carrier-level data shows that even large fleets like Swift Transportation (96 citations) and Central Transport LLC (75 citations) accumulated significant tallies when ELD transfer issues went unresolved across their fleets. A single unrepaired ELD that cannot transmit records electronically is a recurring citation waiting to happen at every weigh station.

Both. Under FMCSA's CSA methodology, Hours of Service BASIC violations attach to the driver's PSP (Pre-Employment Screening Program) record and also roll up into the carrier's HOS BASIC score. The inspection records in our database show that fleet-level accumulation is real — SWIFT TRANSPORTATION CO OF ARIZONA LLC (USDOT 54283) has 96 all-time citations for this code, J B HUNT TRANSPORT INC (USDOT 80806) has 50, and NEW PRIME INC (USDOT 3706) has 38. Drivers who change carriers carry their PSP history with them for 36 months, so even a low-OOS-rate code like 395.24(d) can affect hiring decisions if it stacks up alongside other HOS violations.