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. Here is a summary of the retention requirements for some of the most common documents by subject area below.

See below for 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 Certification 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

Regulation Document Retention Period
382.401 (b)(1)(i) Records of Alcohol tests with .02 or 5 years
greater result
382.401 (b)(1)(ii) Records of driver verified positive 5 years
controlled substance test results
382.401 (b)(1)(iii) Documentation of refusals to take 5 years
required alcohol and/or drug test
382.401 (b)(1)(iv) Driver evaluations and referrals 5 years
382.401 (b)(1)(v) Calibration documentation to testing 5 years
devices
382.401 (b)(1)(vi) Administrative records of the Alcohol 5 years
controlled substance testing programs
382.401 (b)(1)(vii) A copy of each annual calendar year
summary required by 382.403(only 5 years
those carriers selected
382.401(2) Records relating to the alcohol and
controlled substances collection process 2 years
383.401(3) Record of negative and cancelled 1 year
controlled substance results and
alcohol tests with a concentration
of less than .02
382.401(4) Records related to the education and Indefininite*
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

 

Hours of Service Documentation

Regulation Document Retention Period
395.8 (k) Record of duty status and all supporting documents, and time records 6 months
Accident Records 390.15 (b) Accident Register and Files 3 years after the date of each accident

Inspection and Maintenance

Regulation Document Retention Period
396.3 (c) Maintenance files as required by 396.3 (b) 1 year plus 6 months after vehicle leaves carriers 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

Originally posted on the Idealease Safety Bulletin

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