Record Retention
So how long do I have to keep records and documents that are required by the Federal Motor Carrier Safety Regulations?
Answer: It depends on which documents we are talking about. The record retention requirements vary greatly. I have summarized the retention requirements for some of the most common documents by subject area below. I have also indicated the Code of Federal Regulation (CFR) of the regulation where the record retention requirements are located:
Driver Qualifications CFR 391
| Regulation | Document | Retention Period |
|---|---|---|
| 391.51 (c) | Complete driver qualification file | 3 years after date of termination |
| 391.51 (d) | Driver Applications | 3 years after date of termination |
| 391.51 (d) 4 | Medical Certificate and long form | 3 years from date of execution |
| 391.51 (d) 2 | Annual Review | 3 years from date of execution |
| 391.51 (d) 3 | Certificate of violations | 3 years from date of execution |
| 391.51 (d) 5 | Physical Waiver | 3 years from date of execution |
| 391.51 (d) 1 | Annual motor vehicle record (MVR) | 3 years from date of execution |
| 391.23 (a) 1 | Initial MVR at time of hire | 3 years after date of termination |
Drug and Alcohol testing Records
| 382.401 (b)(1)(i) |
Records of Alcohol tests with .02 or greater result |
5 years |
| 382.401 (b)(1)(ii) | Records of driver verified positive controlled substance test results | 5 years |
| 382.401 (b)(1)(iii) | Documentation of refusals to take required alcohol and/or drug test | 5 years |
| 382.401 (b)(1)(iv) | Driver evaluations and referrals | 5 years |
| 382.401 (b)(1)(v) |
Calibration documentation to testing devices |
5 years |
| 382.401 (b)(1)(vi) | Administrative records of the Alcohol controlled substance testing programs | 5 years |
| 382.401 (b)(1)(vii) | A copy of each annual calendar year summary required by 382.403 (only those carriers selected) | 5 years |
| 382.401(2) | Records relating to the alcohol and controlled substances collection process | 2 years |
| 382.401(3) | Record of negative and cancelled controlled substance results and alcohol tests with a concentration of less than .02 | 1 year |
| 382.401(4) | Records related to the education and training of breath alcohol technicians, screening test technicians, supervisors, and drivers shall be maintained by the employer while the individual performs the functions which require the training and for *2 years after ceasing to perform these functions | Indefinite* |
Hours of Service Documentation
| 395.8 (k) | Record of duty status and all supporting documents and time records | 6 months |
|
Accident Records |
Accident Register and Files |
3 years after the date of each accident |
Inspection and Maintenance
| 396.3 (c) | Maintenance files as required by 396.3 (b) | 1 year plus 6 months after vehicle leaves carrier’s control |
| 396.9 (d)(3)(ii) | Copy of roadside inspections |
12 months |
| 396.11 (c)(2) | Driver vehicle inspection report | 3 months |
| 396.19 (b) | Annual inspector certification | During employment and 1 year thereafter |
| 396.25 (e) | Brake inspector certification | During employment and 1 year thereafter |