Collapse to view only § 379.1 - Applicability.
- § 379.1 - Applicability.
- § 379.3 - Records required to be retained.
- § 379.5 - Protection and storage of records.
- § 379.7 - Preservation of records.
- § 379.9 - Companies going out of business.
- § 379.11 - Waiver of requirements of the regulations in this part.
- § 379.13 - Disposition and retention of records.
- APPENDIX Appendix A - Appendix A to Part 379—Schedule of Records and Periods of Retention
§ 379.1 - Applicability.
(a) The preservation of record rules contained in this part shall apply to the following:
(1) Motor carriers and brokers;
(2) Water carriers; and
(3) Household goods freight forwarders.
(b) This part applies also to the preservation of accounts, records and memoranda of traffic associations, weighing and inspection bureaus, and other joint activities maintained by or on behalf of companies listed in paragraph (a) of this section.
§ 379.3 - Records required to be retained.
Companies subject to this part shall retain records for the minimum retention periods provided in appendix A to this part. After the required retention periods, the records may be destroyed at the discretion of each company's management. It shall be the obligation of the subject company to maintain records that adequately support financial and operational data required by the Secretary. The company may request a ruling from the Secretary on the retention of any record. The provisions of this part shall not be construed as excusing compliance with the lawful requirements of any other governmental body prescribing longer retention periods for any category of records.
§ 379.5 - Protection and storage of records.
(a) The entity shall protect records subject to this part from destruction, deterioration, unauthorized access, modification and/or data corruption.
(b) The entity shall notify the Secretary if prescribed records are substantially destroyed, damaged, accessed and modified without authorization, or otherwise corrupted.
§ 379.7 - Preservation of records.
(a) All records may be preserved by any technology that accurately reflects all of the information in the record and remains accessible in a form that can be accurately reproduced later for reference.
(b) Common information, such as instructions, need not be preserved for each record as long as it is common to all such forms and an identified specimen of the form is maintained for reference.
§ 379.9 - Companies going out of business.
The records referred to in the regulations in this part may be destroyed after business is discontinued and the company is completely liquidated. The records may not be destroyed until dissolution is final and all pending transactions and claims are completed. When a company is merged with another company under jurisdiction of the Secretary, the successor company shall preserve records of the merged company in accordance with the regulations in this part.
§ 379.11 - Waiver of requirements of the regulations in this part.
A waiver from any provision of the regulations in this part may be made by the Secretary upon his/her own initiative or upon submission of a written request by the company. Each request for waiver shall demonstrate that unusual circumstances warrant a departure from prescribed retention periods, procedures, or techniques, or that compliance with such prescribed requirements would impose an unreasonable burden on the company.
§ 379.13 - Disposition and retention of records.
The schedule in appendix A to this part shows periods that designated records shall be preserved. The descriptions specified under the various general headings are for convenient reference and identification, and are intended to apply to the items named regardless of what the records are called in individual companies and regardless of the record media. The retention periods represent the prescribed number of years from the date of the document and not calendar years. Records not listed in appendix A to this part shall be retained as determined by the management of each company.
Appendix A - Appendix A to Part 379—Schedule of Records and Periods of Retention
| Item and category of records | Retention period | 1. Incorporation and reorganization: | (a) Charter or certificate of incorporation and amendments | Note A. | (b) Legal documents related to mergers, consolidations, reorganization, receiverships and similar actions which affect the identity or organization of the company | Note A. | 2. Minutes of Directors, Executive Committees, Stockholders and other corporate meetings | Note A. | 3. Titles, franchises and authorities: | (a) Certificates of public convenience and necessity issued by regulating bodies | Until expiration or cancellation. | (b) Operating authorizations and exemptions to operate | Until expiration or cancellation. | (c) Copies of formal orders of regulatory bodies served upon the company | Note A. | (d) Deeds, charters, and other title documents | Until disposition of property. | 4. Annual reports or statements to stockholders | 3 years. | 5. Contracts and agreements: | (a) Service contracts, such as for operational management, accounting, financial or legal services, and agreements with agents | Until expiration or termination plus 3 years. | (b) Contracts and other agreements relating to the construction, acquisition or sale of real property and equipment except as otherwise provided in (a) above | Until expiration or termination plus 3 years. | (c) Contracts for the purchase or sale of material and supplies except as provided in (a) above | Until expiration. | (d) Shipping contracts for transportation or caretakers of freight | Until expiration. | (e) Contracts with employees and employee bargaining groups | Until expiration. | (f) Contracts, leases and agreements, not specifically provided for in this section | Until expiration or termination plus 1 year. | 6. Accountant's auditor's, and inspector's reports: | (a) Certifications and reports of examinations and audits conducted by public accountants | 3 years. | (b) Reports of examinations and audits conducted by internal auditors, time inspectors, and others | 3 years. | 7. Other | Note A. | 1. Capital stock records: | (a) Capital stock ledger | Note A. | (b) Capital stock certificates, records of or stubs of | Note A. | (c) Stock transfer register | Note A. | 2. Long-term debt records: | (a) Bond indentures, underwritings, mortgages, and other long-term credit agreements | Until redemption plus 3 years. | (b) Registered bonds and debenture ledgers | Until redemption plus 3 years. | (c) Stubs or similar records of bonds or other long-term debt issued | Note A. | 3. Authorizations from regulatory bodies for issuance of securities including applications, reports, and supporting documents | Note A. | 4. Records of securities owned, in treasury, or held by custodians, detailed ledgers and journals, or their equivalent | Until the securities are sold, redeemed or otherwise disposed of. | 5. Other | Note A. | 1. Ledgers: | (a) General and subsidiary ledgers with indexes | Until discontinuance of use plus 3 years. | (b) Balance sheets and trial balance sheets of general and subsidiary ledgers | 3 years. | 2. Journals: | (a) General journals | Until discontinuance of use plus 3 years. | (b) Subsidiary journals and any supporting data, except as otherwise provided for, necessary to explain journal entries | 3 years. | 3. Cash books: | (a) General cash books | Until discontinuance of use plus 3 years. | (b) Subsidiary cash books | 3 years. | 4. Vouchers: | (a) Voucher registers, indexes, or equivalent | 3 years. | (b) Paid and canceled vouchers, expenditure authorizations, detailed distribution sheets and other supporting data including original bills and invoices, if not provided for elsewhere | 3 years. | (c) Paid drafts, paid checks, and receipts for cash paid out | 3 years. | 5. Accounts receivable: | (a) Record or register of accounts receivable, indexes thereto, and summaries of distribution | 3 years after settlement. | (b) Bills issued for collection and supporting data | 3 years after settlement. | (c) Authorization for writing off receivables | 1 year. | (d) Reports and statements showing age and status of receivables | 1 year. | 6. Records of accounting codes and instructions | 3 years after discontinuance. | 7. Other | Note A. | Note.—All accounts, records, and memoranda necessary for making a complete analysis of the cost or value of property shall be retained for the periods shown. If any of the records elsewhere provided for in this schedule are of this character, they shall be retained for the periods shown below, regardless of any lesser retention period assigned. | 1. Property records: | (a) Records which maintain complete information on cost or other value of all real and personal property or equipment | 3 years after disposition of property. | (b) Records of additions and betterments made to property and equipment | 3 years after disposition of property. | (c) Records pertaining to retirements and replacements of property and equipment | 3 years after disposition of property. | (d) Records pertaining to depreciation | 3 years after disposition of property. | (e) Records of equipment number changes | 3 years after disposition of property. | (f) Records of motor and engine changes | 3 years after disposition of property. | (g) Records of equipment lightweighed and stenciled | Only current or latest records. | 2. Engineering records of property changes actually made | 3 years after disposition of property. | 3. Other | Note A. | 1. Personnel and payroll records | 1 year. | 1. Insurance records: | (a) Schedules of insurance against fire, storms, and other hazards and records of premium payments | Until expiration plus 1 year. | (b) Records of losses and recoveries from insurance companies and supporting documents | 1 year after settlement. | (c) Insurance policies | Until expiration of coverage plus 1 year. | 2. Claims records: | (a) Claim registers, card or book indexes, and other records which record personal injury, fire and other claims against the company, together with all supporting data | 1 year after settlement. | (b) Claims registers, card or book indexes, and other records which record overcharges, damages, and other claims filed by the company against others, together with all supporting data | 1 year after settlement. | (c) Records giving the details of authorities issued to agents, carriers, and others for participation in freight claims | 3 years. | (d) Reports, statements and other data pertaining to personal injuries or damage to property when not necessary to support claims or vouchers | 3 years. | (e) Reports, statements, tracers, and other data pertaining to unclaimed, over, short, damaged, and refused freight, when not necessary to support claims or vouchers | 1 year. | (f) Authorities for disposal of unclaimed, damaged, and refused freight | 3 years. | 3. Other | Note A. | 1. Taxes. | Note A. | 1. Purchases and stores. | Note A. | 1. Bills of lading and releases: | (a) Consignors' shipping orders, consignors' shipping tickets, and copies of bills of lading, freight bills from other carriers and other similar documents furnished the carrier for movement of freight | 1 year. | (b) Shippers' order-to-notify bills of lading taken up and canceled | 1 year. | 2. Freight waybills: | (a) Local waybills | 1 year. | (b) Interline waybills received from and made to other carriers | 1 year. | (c) Company freight waybills | 1 year. | (d) Express waybills | 1 year. | 3. Freight bills and settlements: | (a) Paid copy of freight bill retained to support receipt of freight charges: | (1) Bus express freight bills provided no claim has been filed | 1 year. | (2) All other freight bills | 1 year. | (b) Paid copy of freight bill retained to support payment of freight charges to other carriers: | (1) Bus express freight bills provided no claim has been filed | 1 year. | (2) All other freight bills | 1 year. | (c) Records of unsettled freight bills and supporting documents | 1 year after disposition. | (d) Records and reports of correction notices | 1 year. | 4. Other freight records: | (a) Records of freight received, forwarded, and delivered | 1 year. | (b) Notice to consignees of arrival of freight; tender of delivery | 1 year. | 5. Agency records: | (a) Cash books | 1 year. | (b) Remittance records, bank deposit slips and supporting documents | 1 year. | (c) Balance sheets and supporting documents | 1 year. | (d) Statements of corrections in agents' accounts | 1 year. | (e) Other records and reports pertaining to ticket sales, baggage handled, miscellaneous collections, refunds, adjustments, etc. | 1 year. | 1. Records pertaining to transportation of household goods: | (a) Estimate of charges | 1 year. | (b) Order for service | 1 year. | (c) Vehicle load manifest | 1 year. | (d) Descriptive inventory | 1 year. | 2. Dispatchers' sheets, registers, and other records pertaining to movement of transportation equipment | 3 years. | 3. Import and export records including bonded freight | 2 years. | 4. Records, reports, orders and tickets pertaining to weighting of freight | 3 years. | 5. Records of loading and unloading of transportation equipment | 2 years. | 6. Records pertaining to the diversion or reconsignment of freight, including requests, tracers, and correspondence | 2 years. | 7. Other | Note A. | 1. Supporting data for reports filed with the Federal Motor Carrier Safety Administration, the Surface Transportation Board, the Department of Transportation's Bureau of Transportation Statistics and regulatory bodies: | (a) Supporting data for annual financial, operating and statistical reports | 3 years. | (b) Supporting data for periodical reports of operating revenues, expenses, and income | 3 years. | (c) Supporting data for reports detailing use of proceeds from issuance or sale of company securities | 3 years. | (d) Supporting data for valuation inventory reports and records. This includes related notes, maps and sketches, underlying engineering, land, and accounting reports, pricing schedules, summary or collection sheets, yearly reports of changes and other miscellaneous data, all relating to the valuation of the company's property by the Federal Highway Administration, the Surface Transportation Board, the Department of Transportation's Bureau of Transportation Statistics or other regulatory body | 3 years after disposition of the property. | 2. Supporting data for periodical reports of accidents, inspections, tests, hours of service, repairs, etc. | 6 months. | 3. Supporting data for periodical statistical of operating results or performance by tonnage, mileage, passengers carried, piggyback traffic, commodities, costs, analyses of increases and decreases, or otherwise | 3 years. | 1. Index of records | Until revised as record structure changes. | 2. Statement listing records prematurely destroyed or lost | For the remainder of the period as prescribed for records destroyed. |
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