How long do I have to keep records and documents that are required by the FMCSA Regulations?
It depends on which documents you 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 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 canceled 1 year
controlled substance results and
alcohol tests with a concentration
of less than .02
382.401(4) Records related to the education and Indefinite*
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 6 months
documents, and time records
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.
Do you have your US FMCSA Personal Identification Number (PIN)?
To view your CSA SMS information in its entirety you will need your US DOT number and US DOT PIN numbers to access the information as it becomes available to the industry. With the DOT number and DOT PIN number, you will be able to “log on” and see your driver's names associated with the various inspections, violations, and crashes as well as the scoring for “Hazardous Material” and “Crash” basics. The public will not have access to your driver’s names or the “Hazardous Material” or “Crash” indicator basic scoring.
The US DOT PIN number was originally provided to the motor carrier when authority is granted. For many carriers, this was years and employees ago and the PIN number has been lost.
The following are three ways that a motor carrier can obtain their pin number.
https://safer.fmcsa.dot.gov/AutoPin/index.xhtml (Click on this link to receive a PIN by email)
https://li-public.fmcsa.dot.gov/LIVIEW/PKG_PIN_START.PRC_INTRO (Click on this link to receive a PIN by US Mail)
Or call 1-800-832-5660 #3 then 0 and Request your PIN number in person.
If you are requesting your US DOT PIN number be sent by US mail allow 1 to 2 weeks to receive your PIN.
The benefit of logging on to the FMCSA websites with your PIN is that when reviewing data, especially inside the CSA program, your drivers’ names will be populated with the inspections or accidents they were involved in.
