FMCSR recordkeeping requirements

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: breath alcohol technicians (BATs), screening test technicians (STTs), supervisors, and drivers. Required documentation includes: Materials on drug and alcohol awareness, including a copy of company policy; Documentation of compliance with requirement to provide drivers with educational material, including driver’s signed receipt of materials; Documentation of supervisor training; Documentation of BAT training (§40.51(a)); and Certification that training complies with the rules. 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.
Alcohol test results* with concentration of 0.02 or more; Verified positive drug test results*; Documentation of refusals; Calibration documentation; Evaluation and referral records, including: Records pertaining to SAP’s determination of a need for assistance, and Records concerning a driver’s compliance with SAP’s recommendations; and Records related to program administration, including: Agreements with collection sites, labs, BATs, MROs, and consortia; Names and positions of officials and their role in the employer’s testing program; Semiannual laboratory statistical summaries of urinalysis (§40.111(a)); and Company testing policy and procedures; and Annual calendar year summary.	5 years
*“Test results” includes: Copy of alcohol test form, with results; Copy of drug test chain of custody form; Documents sent to the employer by the MRO; Documentation of any refusal to submit; Documents provided by a driver to dispute results; and Previous employer test results (see §§382.301(c), 40.25, and 391.23). See §40.333 and §382.401.
Records related to the collection process (except EBT calibration records): Collection logbooks (if used); Documents related to the random selection process; Documentation of BAT training; Documentation of reasoning for reasonable suspicion testing; Documentation of reasoning for post-accident testing; Documents verifying a medical explanation for the inability to provide adequate breath or urine for testing; and Consolidated annual calendar year summaries. See §40.333 and §382.401.	2 years
Negative and cancelled drug test results, and Alcohol test results with concentration less than 0.02. *“Test results” includes: Copy of alcohol test form, with results; Copy of drug test chain of custody form; Documents sent to the employer by the MRO; Documentation of any refusal to submit; Documents provided by a driver to dispute results; and Previous employer test results (see §§382.301(c), 40.25, and 391.23) See §40.333 and §382.401.	1 year
For employers using the exception to pre-employment testing in §382.301(b): Names and addresses of the testing programs in which the prospective employee participated; Verification that the driver participates or participated in the program(s); Verification that the program(s) conforms to Part 40; Verification that the driver is qualified under the rules of Part 40, including that the driver has not refused to be tested for controlled substances; The date the driver was last tested for controlled substances; and The results of any tests taken within the previous six months and any other violations of Subpart 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)
A record of each request for information (query) sent to the Clearinghouse, and All information received in response to each query. 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	In a secure location with controlled access.
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: Evidence that the instructor has met the requirements of §380.301 or §380.303; and A copy of the individual’s currently valid CDL with the appropriate endorsements. (§391.55)	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)
Current Form MCS-90 or MCS-82, or an FMCSA document authorizing self-insurance, for motor carriers. Current Form MCS-90B or MCS-82B for passenger carriers. 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)
Accident register. Copies of accident reports required by states, other governmental entities, or insurers. See §390.15(b).	3 years	Unspecified
Driver Qualification (Part 391)
Application for employment (§391.21); Motor vehicle record(s) (MVR) from issuing driver’s licensing authorities obtained at time of hire (§391.23(a)(1)); Road test form and certificate (§391.31(g)), or CDL license or certificate accepted in lieu of road test (§391.33); Medical exam certificate (original or a copy) (§391.43(g)) or, for CDL/CLP drivers whose MVR contains current medical and self-certification information, a copy of the MVR (note that the paper certificate may only be used as proof of a CDL/CLP driver’s medical certification for up to 15 days after issuance)* (§391.23(m)); Documentation verifying that the medical examiner was listed on the National Registry at the time of the exam* (§391.23(m)); Any documentation of a medical variance; Annual driving record (§391.25(a)); Note relating to annual review* (§391.25(c)(2)); Driver’s annual list of violations* (§391.27) (obtained prior to May 9, 2022); and Certificate of training, for drivers transporting highway route controlled Class 7 (radioactive) materials (§397.101). The following may be removed 3 years after execution: Medical examiner’s certificate or copy of MVR with medical certification information, Note relating to verification of medical examiner listing on the National Registry, Annual MVR from issuing driver’s licensing authority, Note relating to annual review of driving record, Annual list of violations (prepared by the driver through May 8, 2022), and Medical variance documentation. 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.
Safety performance history of driver/applicants (i.e., previous employer information), including name and address, date of contact (or attempts made), and information received about a driver/applicant (§391.23) (must be placed into file within 30 days of hire). A copy of the driver’s written authorization for the motor carrier to seek information about the driver’s DOT drug and alcohol testing history, if required under §391.23(e). Corrections or rebuttals received from former or current drivers concerning their safety performance histories (§391.23(j)) (should be placed in appropriate file where corrected or rebutted information is stored). 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): Medical exam certificate, original or a copy (§391.43(g)), or MVR showing CDL driver’s medical certification status and self-certification information; Road test form and certificate (§391.31(g)), or license or certificate accepted in lieu of road test (§391.33); Driver’s name and Social Security number; and Identification number, type, and issuing state of motor vehicle operator’s license. 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: The time the driver reports for duty each day, The time the driver is released from duty each day, Total number of hours on duty each day, and Total time on duty for the preceding 7 days for drivers used for the first time or intermittently. See §395.1(e).	6 months	Unspecified
For drivers used intermittently, a signed statement showing: The total time on duty during the immediately preceding 7 days, and The time at which the driver was last relieved from duty. 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: An ELD user manual, An instruction sheet describing how to transfer data (including step-by-step instructions for getting the driver’s records to an enforcement official), An instruction sheet describing what to do when the ELD malfunctions, and Enough blank paper logs to last at least 8 days. 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: An identification of the vehicle including co. number (if so marked), make, serial number, year, and tire size, and vehicle owner’s name if the motor carrier does not own the vehicle; A means to indicate the nature and due date of the various inspection and maintenance operations to be performed; A record of inspection, repairs and maintenance indicating their date and nature; and A record of tests conducted on pushout windows, emergency doors, and emergency door marking lights on buses.	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: The original driver report, The certification of repairs, and The certification of the driver’s pre-inspection review. 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

['Drug and Alcohol Testing - DOT', 'Enforcement - DOT', 'Hours of Service', 'Business planning - Motor Carrier', 'Hazmat', 'Load documentation', 'Driver qualifications', 'Recruiting and hiring', 'Passenger carriers']

['Hours of Service', 'Drivers qualification (DQ file)', 'Compliance reviews - Motor Carrier', 'Load Documentation', 'Federal Motor Carrier Safety Regulations', 'Background Checks', 'Drug and alcohol recordkeeping - Motor Carrier', 'Hazmat Recordkeeping']

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