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Regulations from the Federal Motor Carrier Safety Administration (FMCSA) require that motor carriers retain a variety of records and make those records available for auditing.
The FMCSA recordkeeping requirements apply to motor carriers operating commercial motor vehicles.
All motor carriers must maintain certain documents and records as a part of compliance with the Federal Motor Carrier Safety Regulations (FMCSRs). Motor carriers have options for where and how these records are maintained, so companies should take time to develop an efficient recordkeeping system designed to fit their particular operation.
Record location. When a motor carrier registers with the FMCSA, it is required to provide the address of the company’s main office. That location is generally where an FMCSA official would go first to perform a compliance review. The main office, however, is not necessarily where the FMCSA-required records have to be kept. Unless a regulation specifies a different location, required records can be kept:
If a third party is hired to maintain a motor carrier’s documents, liability for the condition of those records always falls to the motor carrier. In other words, the motor carrier is subject to the regulations, not the third party. If the third party loses a record or fails to deliver a record to an FMCSA auditor, the motor carrier will pay the penalty.
Filing options. Motor carriers also have options when it comes to the organization of their FMCSA-required records. Though certain FMCSRs seem to suggest that the records must be kept in distinct files arranged by topic, that is not the case. For example, 49 CFR Parts 382 and 391 contain requirements for:
Electronic recordkeeping. The FMCSRs also allow electronic recordkeeping (390.32). An electronic signature may be used as long as it “identifies and authenticates” the person doing the signing as the source of the electronic document and indicates that person’s approval of the information in the document. Electronic signatures may be made through use of a stylus, biometrics, smart cards, or authentication via username and password, for example.