All motor carriers operating CMV’s over 10,000 lbs. MGVWR, transporting HM in placardable quantities or transporting passengers are required to record accidents on a register by calendar year as defined in 49 CFR 390.51. Even if no accidents were incurred by the motor carrier, an accident register is required.

First, we need to establish the definition of an accident.

According to the Federal Motor Carrier Safety regulations, the definition of an accident is as follows: An occurrence involving a commercial motor vehicle (>10,000 lbs. MGVWR, HM or Passengers) operating on a highway in interstate or intrastate commerce which results in:

1. A fatality.

2. Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident.

3. One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle(s) to be transported away from the scene by a tow truck or other motor vehicle.

The term accident does not include:

1. An occurrence involving only boarding and alighting from a stationary motor vehicle.

2. An occurrence involving only the loading or unloading of cargo.

When an accident by the definition above occurs, the accident is required to be recorded on an accident register with the following information on the register:

1. Date of accident.

2. City or town, or most near, where the accident occurred and the State where the accident occurred.

3. Driver Name.

4. Number of injuries.

5. Number of fatalities.

6. Whether hazardous materials, other than fuel spilled from the fuel tanks of motor vehicle involved in the accident were released.

Motor carriers are required by regulation to maintain an accident register for three years after the date of each accident.

In addition to the register, the motor carrier is required to maintain copies of all accident reports required by State or other governmental entities or insurers.

The accident register is not required to be sent to the FMCSA or State but kept as part of your record keeping for the FMCSA to review during a compliance review or investigation.

As a “Best Practice” it is recommended that the motor carrier maintain two accident registers by calendar year:

1. DOT recordable accidents only

2. Non-DOT Recordable accidents.

The reasoning behind this practice is to provide the FMCSA on the information requested in a compliance review, and no more.

By having a second register with all accidents and incidents recorded the motor carrier can actively perform analysis of the losses and implement training to proactively reduce the frequency.

Accident registers can be kept electronically with a hard copy printed for the FMCSA upon request.

So where can I go to make sure that what I have on my register matches with the FMCSA?

You can view all your recordable accidents on the FMCSA Compliance, Safety and Accountability (CSA) Safety Measurement System (SMS) https://ai.fmcsa.dot.gov/sms

If the crash involves the release of hazardous materials, carriers must complete a hazardous incident report. See 49 CFR 171.15 and 49 CFR 171.16.