FMCSR 395.26(c) — ELD Malfunction Notification Q&A

No. Across our 13 million inspection records, FMCSR 395.26(c) has never resulted in an out-of-service order. The OOS rate for this violation is 0.0%, meaning inspectors are not removing trucks from service for failing to notify the carrier of an ELD malfunction within 24 hours. This is a recordable citation, but it does not trigger an immediate roadside shutdown.

You receive a CSA severity weight of 3 points per violation. This weight applies to your carrier's SMS BASIC scores within your 34-month lookback window. The actual CSA points may be multiplied based on the frequency of violations in the last 30 days—more citations in that period increase the multiplier. Since this code has zero citations in our all-time database, it is rarely cited in practice.

First: Confirm your carrier received notification of the ELD malfunction and your report. Second: Document when you reported the malfunction to dispatch or management—the 24-hour window runs from discovery, not from the inspection. Third: Gather any maintenance records, text messages, emails, or witness statements proving timely notification. Fourth: Contact your carrier's safety or compliance department to file the citation and discuss next steps. Fifth: Request a copy of the inspection report from the FMCSA database to review the exact finding.

Compared to related ELD and hours-of-service violations, 395.26(c) is among the least enforcement-heavy. Our records show 106,486 citations for ELD form/manner violations (395.24) and 83,660 for false duty-status records (395.8E), but zero for 395.26(c) carrier notification failures. The OOS rates on related codes range from 0.0% to 93.2%, while 395.26(c) sits at 0.0%, placing it in the lower-risk category for roadside enforcement outcomes.

Yes. DataQs allows you to challenge roadside inspection findings recorded in the FMCSA database. For 395.26(c), your contest should focus on documentation: provide proof that you notified your carrier within 24 hours via email, text, phone log, dispatch system record, or witness testimony. The FMCSA reviews the evidence you submit and can remove the citation if the record supports timely notification. Contests must be filed within 45 days of the inspection; submit clear, dated documentation.

Across our inspection database spanning 13 million records, FMCSR 395.26(c) has zero all-time citations, zero in the last 12 months, and zero in the last 90 days. This suggests inspectors rarely find or pursue this violation in the field. The requirement—notifying your carrier of an ELD malfunction within 24 hours—is straightforward and most drivers and carriers comply without issue. When ELD problems do occur, they are typically cited under related codes like false duty-status records or improper ELD usage instead.

Both. FMCSR 395.26(c) is categorized under Hours of Service, a BASIC 2 metric in the CSA system. Violations are recorded against both the driver and the motor carrier in separate BASIC scores. Your driver CSA score and your carrier's CSA score both receive the severity weight. The violation sits in your 34-month lookback window and affects your safety profile if you move to a different employer or if a prospective carrier pulls your PSP record.

No meaningful state distribution exists. With zero all-time citations for FMCSR 395.26(c) in our database, there is no state where this violation is consistently cited. Enforcement is essentially nonexistent nationwide. If you do receive a citation, it will likely be an anomaly based on your specific inspection circumstances rather than part of a regional or state-level pattern.