FMCSA Cracks Down on Nonc…

On May 7, 2026, the Federal Motor Carrier Safety Administration (FMCSA) removed two programs—Safe ELD and MYLOGS ELD—from the agency’s list of registered electronic logging devices (ELDs). These devices are now included on the revoked devices list due to failures to meet the minimum requirements set forth in Appendix A to 49 CFR Part 395, Subpart B.

According to the FMCSA’s release, motor carriers have up to 60 days to replace the revoked ELDs with compliant devices. Carriers currently using either of the revoked ELDs should immediately take two steps. First, they should stop using the revoked ELD and instead revert to paper logs or logging software to record hours of service. Second, they should replace the revoked devices with compliant ELDs from the FMCSA’s Registered ELDs list, available at eld.fmcsa.dot.gov/List.

Current FMCSA guidance instructs safety officials not to cite drivers using the revoked ELDs for “no record of duty status” or “failing to use a registered ELD.” Instead, officials are encouraged to request the driver’s paper logs or logging software records, or to use the ELD display as a backup method to review hours-of-service data. However, after July 7, 2026, safety officials will no longer be subject to that recommendation and may begin issuing citations for operating without a compliant ELD.

Importantly, these issues do not stem directly from the motor carriers themselves, but rather from the ELD developers and providers failing to meet the standards required under the code. Even so, operators using either of these programs should begin taking immediate steps to identify, install, train on, and integrate a replacement ELD system, rather than relying on the possibility that the providers will eventually bring their systems into compliance.

It has been noted that this appears to be part of a broader FMCSA enforcement campaign targeting ELD devices that do not satisfy the minimum technical and compliance standards required by the regulations. Reports indicate that, over the last 16 months, a total of 67 devices have been removed from the registered list, and there is little indication that the agency intends to ease its scrutiny anytime soon.

Almost all ELDs are “self-certified,” meaning the manufacturer or provider completes and submits a form asserting that the device satisfies the technical specifications contained in 49 CFR 395 Appendix A. While the FMCSA is providing carriers and drivers with time to transition to another product, it is unlikely that additional relief will come from the ELD providers themselves.

For carriers and drivers, the practical takeaway is straightforward: review your devices carefully. Examine the technical specifications and compare them to the requirements under the code. A device’s presence on the registered list does not necessarily guarantee full compliance. Self-certification simply means that the provider submitted the required certification paperwork. The recent increase in devices being removed from the registered list suggests that the FMCSA may be applying increased backend scrutiny to these units.

If your device is not fully compliant, it may only be a matter of time before you face the same deadline-driven process of replacing your units. If you are uncertain whether your device is compliant, additional investigation may be necessary. Start with the FMCSA’s published lists, determine where your devices stand, and then evaluate the units themselves. A device that is accepted today is not guaranteed to survive future scrutiny, and proactive efforts now may help avoid the operational and logistical challenges of obtaining and integrating a new system later.

Compliance with FMCSA regulations matters. A good-faith effort alone is not enough; carriers and drivers must have confidence that the equipment in their trucks fully complies with applicable requirements. If you have questions about how to do that, or about FMCSA compliance in general, please contact John Stacy (jstacy@setlifflaw.com) at (804) 377-1263 or Steve Setliff (ssetliff@setlifflaw.com) at (804) 377-1261.