What 395.26(c) means in plain language
Your electronic logging device (ELD) malfunctioned—it stopped recording hours of service data correctly, wouldn't turn on, lost connectivity, or experienced some other technical failure. Federal regulations require you to notify your motor carrier about this problem within 24 hours of discovering it.
The rule exists because accurate hours-of-service records are fundamental to safety oversight. When your ELD breaks, your carrier needs to know immediately so they can work with you on a backup recording method (usually paper logs) and get the device repaired. Waiting days or weeks to report the problem defeats that purpose.
This citation means an inspector checked your ELD status during a roadside inspection and found evidence that you either did not report a malfunction to your carrier, or reported it outside the 24-hour window.
What our enforcement data actually shows
Across our 13 million+ real roadside inspection records, we have observed zero citations for 395.26(c) in the past 90 days, zero in the last 12 months, and zero all-time. This code has never been cited in our database.
Zero citations also means zero out-of-service placements. Because this violation is not eligible for out-of-service enforcement, inspectors cannot immediately remove you from service for this citation alone—though a citation will still appear on your record and count toward your CSA severity profile with a weight of 3.
The absence of enforcement data does not mean the rule doesn't matter. It may reflect inconsistent field inspection practices, heavy reliance on self-reporting, or the difficulty of proving the timing of carrier notification during a roadside stop. But it does mean that if you receive this citation, you are in an exceptionally rare category.
Who gets cited most
With zero all-time citations in our database, there are no state or carrier patterns to report. This citation does not appear in our enforcement records.
How severe is this compared to similar codes
Within the hours-of-service category, the citation landscape looks very different for related violations:
- 395.24 (ELD Form and Manner) has 106,486 citations with a 0.0% OOS rate—making it one of the most frequently cited ELD rules, yet drivers are almost never placed out of service.
- 395.8(e)(1) (another HOS violation) shows 78,276 citations with a 26.0% OOS rate, meaning roughly one in four drivers cited for this offense are pulled from service.
- 395.8A1-HOSP (failing to have a record of duty status using the prescribed method) has been cited 52,266 times with a 92.9% OOS rate—nearly every citation results in an out-of-service placement because it strikes at the core of compliance.
Your citation, at zero enforcement volume, sits outside this comparative landscape. It is either enforced rarely or not at all in practice.
How to avoid it
If your ELD malfunctions, act immediately:
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Know what counts as a malfunction. A dead battery, loss of Bluetooth connection, app crash, screen freeze, or any condition preventing you from recording or displaying hours of service qualifies. If you're unsure whether what you're experiencing is a true malfunction, contact your carrier to ask.
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Notify your carrier right away—don't wait. Call your dispatch, safety manager, or the number in your ELD provider's support docs. Do not assume someone else will report it, and do not assume it will sync or fix itself within 24 hours. Get verbal or written confirmation that your carrier acknowledged the report.
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Document the time and nature of the malfunction. Write down when you first noticed the problem and what it was doing (or not doing). Save any error messages or screenshots if your device is still partially functional. This creates a record if you're ever audited.
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Switch to paper logs immediately per your carrier's procedure. Your carrier should have instructions for what to do when your ELD is down. Follow them exactly. Paper logs are your backup compliance method while the device is repaired.
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Get the device repaired promptly. A malfunction that lasts days is a compliance liability. Coordinate with your carrier and ELD provider to fix or replace the unit as quickly as possible.
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Understand that OOS placement is unlikely but the citation still counts. If you do receive a 395.26(c) citation, it will not automatically remove you from service, but it carries a CSA severity weight of 3, meaning it contributes to your safety profile. Your carrier may also face questions about whether they implemented adequate processes to catch these problems.