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An interstate commercial motor vehicle driver must submit and a motor carrier must maintain supporting documents to assist in verifying a driver’s record of duty status.
This requirement applies to drivers and motor carriers operating property-carrying and passenger-carrying commercial motor vehicles (CMVs) in interstate commerce.
Drivers must submit their supporting documents to their motor carrier within 13 days of either the 24-hour period to which the documents pertain or the day the document comes into the their possession, whichever is later.
A motor carrier must retain each supporting document generated or received in the normal course of business in the following categories for each of its drivers to verify on-duty not driving time:
A supporting document must include each of the following data elements:
Each electronic mobile communication record applicable to an individual driver’s 24-hour period must be counted as a single document.
In addition to other supporting documents required, a motor carrier that requires a driver to complete a paper record of duty status (due to use of one of the exceptions under 395.8(a)(1)(iii)) must maintain toll receipts for any period when the driver kept paper records of duty status.
No motor carrier or driver may obscure, deface, destroy, mutilate, or alter existing information contained in a supporting document.
Upon request during a roadside inspection, a driver must make available to an authorized law enforcement official, any supporting document in the driver’s possession.
Record retention. A motor carrier must retain all supporting documents at its principal place of business, regional office, or driver work-reporting location for a period of six months from the date of receipt.
A motor carrier is not required to retain more than eight supporting documents for an individual driver’s 24-hour period. If a motor carrier has more than eight supporting documents for a driver’s 24-hour period, the motor carrier must retain the supporting documents containing the earliest and the latest time indications among the eight supporting documents retained.
A motor carrier must retain supporting documents in such a manner that they may be effectively matched to the corresponding driver’s record of duty status.
Exception. Drivers for a private motor carrier of passengers (non-business) are excepted from the supporting document requirements.