ELD Violation - 395.20(b) Applicability

Inspectors across the country are issuing violations under 49 CFR §395.20(b) every single day for ELD display issues that are not the responsibility of drivers or carriers. These citations claim that the ELD display screen is not viewable by an authorized official without entering the commercial motor vehicle. e.g. " Section 395.20(b) addresses the applicability of ELD requirements and, by reference to Appendix A, imposes design obligations on ELD manufacturers, not on motor carriers or drivers. Carriers are required to use only devices listed on FMCSA’s official ELD registry, which means compliance with these design specifications is inherently the responsibility of the manufacturer and FMCSA’s certification process, not the end user. The repeated misapplication of §395.20(b) has become a widespread, nationwide problem, unfairly penalizing drivers and carriers for issues outside of their control and undermining the integrity of FMCSA’s ELD certification system.

The removal of this violation is justified because §395.20(b) and its associated Appendix A requirements are clearly manufacturer obligations, not responsibilities of drivers or motor carriers. Carriers who purchase and operate FMCSA-certified ELDs are already in compliance with federal regulations. Penalizing them for design requirements outside their control is both regulatory overreach and factually incorrect. There is a clear need for CVSA intervention to prevent ongoing, daily misapplication of this regulation by inspectors nationwide. Without guidance or clarification, drivers and carriers will continue to be unfairly cited, potentially impacting safety ratings, inspections, and financial liability, despite fully complying with FMCSA’s ELD rules. Establishing this as a nationwide issue will ensure consistency in enforcement, protect compliant carriers, and uphold the integrity of FMCSA’s ELD certification system.

Update inspection systems to prevent issuance of violations under 49 CFR §395.20(b) for ELD display issues that are outside the control of drivers or motor carriers. Issue nationwide guidance to inspectors clarifying that: §395.20(b) and Appendix A design requirements are the responsibility of ELD manufacturers, not carriers or drivers. Drivers and carriers using FMCSA-certified ELDs are considered in compliance. Prevent ongoing misapplication of this regulation by ensuring inspectors are trained or reminded that penalties for design-related ELD requirements cannot be imposed on carriers or drivers operating certified devices.