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The following table summarizes the recordkeeping requirements of the Federal Motor Carrier Safety Regulations under 49 CFR Parts 40, 382, 383, 387, and 390-399. See also §390.29 for general recordkeeping requirements, §390.31 for information concerning photocopies, and §390.32 for information about electronic records.
DOCUMENT(S) TO BE RETAINED | RETENTION PERIOD | RETENTION LOCATION |
---|---|---|
Drugs & Alcohol (Parts 40 and 382) | ||
Records related to the education and training of:
Required documentation includes:
See §40.333 and §382.401. | 2 years after the individual ceases to perform those functions | In a secure location with controlled access. Note: If combined with other files (personnel or driver qualification files, for example) then all the files must be secured. |
| 5 years | |
*“Test results” includes:
See §40.333 and §382.401. | ||
Records related to the collection process (except EBT calibration records):
See §40.333 and §382.401. | 2 years | |
*“Test results” includes:
See §40.333 and §382.401. | 1 year | |
For employers using the exception to pre-employment testing in §382.301(b):
Note: An employer who uses but does not employ a driver more than once per year to operate CMVs must obtain the above information at least once every six months. See §382.301(c). | 5 years for any positive results, 1 year for negative results | |
CDL Drug and Alcohol Clearinghouse (effective 1/6/2020) (Part 382) | ||
See §382.701. Note: The Clearinghouse itself will maintain these records electronically for any employer that maintains an active Clearinghouse registration, eliminating the need to create or store additional records. | 3 years | In a secure location with controlled access. |
A driver’s written or electronic consent to query the Clearinghouse on an annual basis to determine whether a record exists (known as a “limited” query) (§382.703). Note: Consent for a “full” query must be done electronically through the Clearinghouse website. | 3 years from the date of the last query authorized by the consent | |
Driver Training (Parts 380 and 397) | ||
Entry-level driver training certificate (before February 7, 2022). (§380.509). | Employment 1 year | Personnel or Driver Qualification file |
Longer Combination Vehicle (LCV) Driver-Training Certificate (§380.401) or Certificate of Grandfathering (§380.111). | Unspecified | Driver Qualification file |
LCV driver-instructor qualification file, including: | For as long as the company employs or uses the instructor | LCV Driver-Instructor Qualification file or personnel file |
Certificate of training for drivers transporting highway route controlled Class 7 (radioactive) materials (§397.101(e)). | Employment 3 years | Driver Qualification file |
For entry-level driver training providers listed on the FMCSA’s Training Provider Registry (TPR), the documents listed in §380.725. | 3 years | Unspecified |
CDLs (Part 383) | ||
Notification of conviction for driver violations. Must include the information listed in §383.31(c). Note: Notifications of CDL suspensions (§383.33) have no recordkeeping requirements. See §383.31 and the interpretations to §391.27. | 3 years | Driver Qualification file |
Financial Responsibility (Part 387) | ||
See §387.7(d) and §387.31(d). | Unspecified | Principal place of business |
For vehicles operated within the United States by motor carriers domiciled in a contiguous foreign country, a legible copy (in English) of proof of required financial responsibility (Sec. 387.7). | Unspecified | In vehicle |
Accidents (Part 390) | ||
See §390.15(b). | 3 years | Unspecified |
Driver Qualification (Part 391) | ||
*The following may be removed 3 years after execution:
See §391.51. NOTE: A screenshot of a driver’s MVR containing the required medical certification information, obtained through an official licensing agency website, may be used in place of a standard MVR for verifying the medical certification of a CDL/CLP driver within 15 days after a medical exam. Screenshots may not be used in place of MVRs required at the time of hire or annually. | Employment 3 years | Driver Qualification file Note: May be combined with personnel file. |
NOTE: Drug/alcohol inquiries sent to a driver’s former employer(s) in compliance with §391.23 are deemed to be in compliance with the inquiries required under §40.25(b). Also, previous-employer inquiries for drivers hired before October 30, 2004, may remain in drivers’ qualification files (§391.23). | Employment 3 years | Driver Investigation History File in a secure location with controlled access Note: May be combined with personnel file, Driver Qualification file, Drug/Alcohol file, etc., but must be in a secure location with limited access. |
A record of each inquiry received from other employers concerning a driver’s safety performance history, and the response, including the date, the party to whom it was released, and a summary identifying what was provided (§391.23(g)(4)). | One year | Unspecified |
For companies using the FMCSA’s optional Pre-employment Screening Program (PSP), the driver’s disclosure and authorization form (whether the driver was hired or not) | 3 years | Unspecified |
Multiple-employer drivers (Part 391) | ||
Keep the following records for a multiple-employer driver when the exception in §391.63 is used (and a complete driver file is not created, for drivers used or employed by more than one motor carrier in any seven-day period):
See §391.63. | Employment 3 years | Driver Qualification file |
Drivers from other employers (Part 391) | ||
For drivers furnished by other motor carriers, keep the signed certificate required in §391.65(a)(2). See §391.65. | 3 years | Driver Qualification file |
Hours of Service (Part 395) | ||
For all drivers using the 150-air-mile exception (CDL and non-CDL), “accurate and true time records” showing:
See §395.1(e). | 6 months | Unspecified |
For drivers used intermittently, a signed statement showing:
See §395.8(j)(2). | 6 months | Unspecified |
Records of duty status (driver logs), whether on paper or electronic. Logs must be submitted to the motor carrier within 13 days of completion (§395.8(a)(2)(ii)). | 6 months from date of receipt | Unspecified |
Supporting documents, up to 8 per driver per day. Supporting documents in a driver’s possession must be presented to roadside enforcement personnel upon request and must be submitted to the motor carrier within 13 days of receipt. See §395.11. | 6 months from date of receipt | Unspecified; must be kept in a way that allows them to be matched to the driver's logs |
A copy of each log for the previous 7 consecutive days (whether hand-written or electronic) See §395.8(k)(2) and §395.15(b)(4). | 7 days | In vehicle |
For drivers using electronic logging devices (ELDs), an information packet containing:
See §395.22. | Unspecified | In vehicle |
For companies using ELDs, a back-up copy of the ELD records. See §395.22(i). | 6 months | On a device separate from that on which the original data are stored |
Inspections/Maintenance (Part 396) | ||
For any motor vehicle controlled for 30 days or more:
| 1 year and for 6 months after the vehicle leaves your control | Where the vehicle is either housed or maintained |
Note: Intermodal equipment providers must also maintain (or cause to be maintained) the above records for each unit of intermodal equipment they tender or intend to tender to a motor carrier. See §396.3(b). | 1 year and for 6 months after the vehicle leaves your control | Where the vehicle is either housed or maintained |
Copy of roadside inspection form. See §396.9(d)(3)(ii). | 12 months from date of inspection | Principal place of business or where vehicle is housed |
Original Driver Vehicle Inspection Report (DVIR), including the certification of repairs and certification of driver’s review. Note pre-trip requirements in §392.7, §392.8, §392.9, and §396.13. Only §396.13 has recordkeeping requirements. See §396.11(a)(2) and Question 18 in the interpretations. | 3 months | Principal place of business or where vehicle is housed or maintained |
Intermodal equipment providers must maintain drivers’ intermodal equipment inspection reports, including:
See §396.12(d). | 3 months | Unspecified |
Documentation of periodic inspection (a report or other document such as a sticker or decal). See §396.17(c) and §396.23(a). | Continuously | In or on vehicle |
Evidence of an individual’s qualifications to conduct annual inspections. See §396.19(b). | Until 1 year after employee stops performing inspections | Unspecified |
Periodic inspection report (original or copy). See §396.21(b)(1). | 14 months | Where the vehicle is housed or maintained |
Evidence of a brake inspector’s qualifications. See §396.25(e). | Until 1 year after employee stops performing inspections | Principal place of business or where employee is based |
Records of engine changes. See App. A to Part 379 | Until 3 years after disposal | Unspecified |
Hazardous Materials (Part 397) | ||
Signed receipt documenting that hazmat driver has received a copy of the regulations and emergency instructions per §397.19(a). Applies to transportation of explosives only. See §397.19(b). | 1 year | Unspecified |
A written route plan, for transporting highway route controlled Class 7 (radioactive) materials, per §397.101(d). | Unspecified. | In driver’s possession, and filed with the FMCSA and shipper. |
Certificate of training, for drivers transporting highway route controlled Class 7 (radioactive) materials, per §397.101(e). | Employment 3 years | Driver Qualification file, and in driver’s immediate possession |
Other (Part 379) | ||
Business records. See Part 379 for details. This regulation is a “holdover” from when the Interstate Commerce Commission regulated trucking (before the FMCSA was created). | See regulation | See regulation |