§390.15 — Assistance in investigations and special studies
(a) Each motor carrier and intermodal equipment provider must do the following: (1) Make all records and information pertaining to an accident available to an authorized representative or special agent of the Federal Motor Carrier Safety Administration, an authorized State or local enforcement agency representative, or authorized third-party representative within such time as the request or investigation may specify. |
(2) Give an authorized representative all reasonable assistance in the investigation of any accident, including providing a full, true, and correct response to any question of the inquiry. |
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(b) Motor carriers must maintain an accident register for 3 years after the date of each accident. Information placed in the accident register must contain at least the following: (1) A list of accidents as defined at §390.5 of this chapter containing for each accident: (ii) City or town, or most near, where the accident occurred and the State where the accident occurred. |
(vi) Whether hazardous materials, other than fuel spilled from the fuel tanks of motor vehicle involved in the accident, were released. |
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(2) Copies of all accident reports required by State or other governmental entities or insurers. |
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(Approved by the Office of Management and Budget under control number 2126-0009)
[69 FR 16719, Mar. 30, 2004, as amended at 73 FR 76821, Dec. 17, 2008; 83 FR 22878, May 17, 2018]
§390.15 — DOT Regulatory Guidance
Question 1: May a motor carrier create an accident register of its own, or is there a specified form that must be used? Guidance: There is no specified form. A motor carrier may create or use any accident register as long as it includes the elements required.
Question 2: Would the accident report retention requirement in §390.15(b)(2) include an "Adjuster's Report" that is normally considered to be an internal document of an insurance company? Guidance: No. The intent of §390.15(b)(2) is that motor carriers maintain copies of all documents which the motor carrier is required by the insurance company to complete and/or maintain. §390.15(b)(2) does not require motor carriers to maintain documents, such as "Adjuster's Reports," that are typically internal documents of the insurance company.
Question 3: What types of documents must a motor carrier retain to support its accident register and be in compliance with §390.15(b)? Guidance: The documents required by §390.15(b)(2) include all information about a particular accident generated by a motor carrier or driver to fulfill its accident reporting obligations to State or other governmental entities or that motor carrier's insurer. The language of paragraph (b)(2) does not require a motor carrier to seek out, obtain, and retain copies of accident reports prepared by State investigators or insurers.
Question 4: Does a foreign-based motor carrier's accident register have to include accidents that occur in Canada or Mexico? Guidance: Motor carriers must record accidents occurring within the U.S. and on segments of interstate movements into Canada between the U.S.-Canadian border and the first physical delivery location of a Canadian consignee. The FHWA further believes its regulations require the documentation of accidents for segments of interstate movements out of Canada between the last physical pick-up location in Canada and the U.S.-Canadian border. The same would be true for movements between the U.S.-Mexican border and a point in Mexico. However, the FHWA does not have authority over Canadian and Mexican motor carriers that operate within their own countries where the transportation does not involve movements into or out of the United States.