49 C.F.R. PART 379—PRESERVATION OF RECORDS
Title 49 - Transportation
Authority: 49 U.S.C. 13301, 14122 and 14123; and 49 CFR 1.73.
Source: 62 FR 32044, June 12, 1997, unless otherwise noted.
Editorial Note: Nomenclature changes to part 379 appear at 66 FR 49871, Oct. 1, 2001.
(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. 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. (a) The company shall protect records subject to this part from fires, floods, and other hazards, and safeguard the records from unnecessary exposure to deterioration from excessive humidity, dryness, or lack of ventilation. (b) The company shall notify the Secretary if prescribed records are substantially destroyed or damaged before the term of the prescribed retention periods. (a) All records may be preserved by any technology that is immune to alteration, modification, or erasure of the underlying data and will enable production of an accurate and unaltered paper copy. (b) Records not originally preserved on hard copy shall be accompanied by a statement executed by a person having personal knowledge of the facts indicating the type of data included within the records. One comprehensive statement may be executed in lieu of individual statements for multiple records if the type of data included in the multiple records is common to all such records. The records shall be indexed and retained in such a manner as will render them readily accessible. The company shall have facilities available to locate, identify and produce legible paper copies of the records. (c) Any significant characteristic, feature or other attribute that a particular medium will not preserve shall be clearly indicated at the beginning of the applicable records as appropriate. (d) The printed side of forms, such as instructions, need not be preserved for each record as long as the printed matter is common to all such forms and an identified specimen of the form is maintained on the medium for reference. 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. 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. 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.
Title 49: Transportation
PART 379—PRESERVATION OF RECORDS
Section Contents
§ 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 A to Part 379—Schedule of Records and Periods of Retention
§ 379.1 Applicability.
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§ 379.3 Records required to be retained.
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§ 379.5 Protection and storage of records.
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§ 379.7 Preservation of records.
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§ 379.9 Companies going out of business.
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§ 379.11 Waiver of requirements of the regulations in this part.
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§ 379.13 Disposition and retention of records.
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Appendix A to Part 379—Schedule of Records and Periods of Retention
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------------------------------------------------------------------------ Item and category of records Retention period------------------------------------------------------------------------ A. Corporate and General1. Incorporation and reorganization: (a) Charter or Note A. certificate of incorporation and amendments. (b) Legal documents Note A. related to mergers, consolidations, reorganization, receiverships and similar actions which affect the identity or organization of the company.2. Minutes of Directors, Note A. Executive Committees, Stockholders and other corporate meetings.3. Titles, franchises and authorities: (a) Certificates of Until expiration or cancellation. public convenience and necessity issued by regulating bodies. (b) Operating Until expiration or cancellation. authorizations and exemptions to operate. (c) Copies of formal Note A. orders of regulatory bodies served upon the company. (d) Deeds, charters, and Until disposition of property. other title papers. (e) Patents and patent Note A. records.4. Annual reports or 3 years. statements to stockholders.5. Contracts and agreements: (a) Service contracts, Until expiration or termination plus 3 such as for operational years. management, accounting, financial or legal services, and agreements with agents. (b) Contracts and other Until expiration or termination plus 3 agreements relating to years. the construction, acquisition or sale of real property and equipment except as otherwise provided in (a) above. (c) Contracts for the Until expiration. purchase or sale of material and supplies except as provided in (a) above. (d) Shipping contracts Until expiration. for transportation or caretakers of freight. (e) Contracts with Until expiration. employees and employee bargaining groups. (f) Contracts, leases and Until expiration or termination plus 1 agreements, not year. specifically provided for in this section.6. Accountant's auditor's, and inspector's reports: (a) Certifications and 3 years. reports of examinations and audits conducted by public accountants. (b) Reports of 3 years. examinations and audits conducted by internal auditors, time inspectors, and others.7. Other..................... Note A. B. Treasury1. Capital stock records: (a) Capital stock ledger. Note A. (b) Capital stock Note A. certificates, records of or stubs of. (c) Stock transfer Note A. register.2. Long-term debt records: (a) Bond indentures, Until redemption plus 3 years. underwritings, mortgages, and other long-term credit agreements. (b) Registered bonds and Until redemption plus 3 years. debenture ledgers. (c) Stubs or similar Note A. records of bonds or other long-term debt issued.3. Authorizations from Note A. regulatory bodies for issuance of securities including applications, reports, and supporting papers.4. Records of securities Until the securities are sold, redeemed owned, in treasury, or held or otherwise disposed of. by custodians, detailed ledgers and journals, or their equivalent.5. Other..................... Note A. C. Financial and Accounting1. Ledgers: (a) General and Until discontinuance of use plus 3 years. subsidiary ledgers with indexes. (b) Balance sheets and 3 years. trial balance sheets of general and subsidiary ledgers.2. Journals: (a) General journals..... Until discontinuance of use plus 3 years. (b) Subsidiary journals 3 years. and any supporting data, except as otherwise provided for, necessary to explain journal entries.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, 3 years. indexes, or equivalent. (b) Paid and canceled 3 years. vouchers, expenditure authorizations, detailed distribution sheets and other supporting data including original bills and invoices, if not provided for elsewhere. (c) Paid drafts, paid 3 years. checks, and receipts for cash paid out.5. Accounts receivable: (a) Record or register of 3 years after settlement. accounts receivable, indexes thereto, and summaries of distribution. (b) Bills issued for 3 years after settlement. collection and supporting data. (c) Authorization for 1 year. writing off receivables. (d) Reports and 1 year. statements showing age and status of receivables.6. Records of accounting 3 years after discontinuance. codes and instructions.7. Other..................... Note A. D. Property and Equipment Note._All accounts, records, and memoranda necessary for making acomplete analysis of the cost or value of property shall be retained forthe periods shown. If any of the records elsewhere provided for in thisschedule are of this character, they shall be retained for the periodsshown below, regardless of any lesser retention period assigned.1. Property records: (a) Records which 3 years after disposition of property. maintain complete information on cost or other value of all real and personal property or equipment. (b) Records of additions 3 years after disposition of property. and betterments made to property and equipment. (c) Records pertaining to 3 years after disposition of property. retirements and replacements of property and equipment. (d) Records pertaining to 3 years after disposition of property. depreciation. (e) Records of equipment 3 years after disposition of property. number changes. (f) Records of motor and 3 years after disposition of property. engine changes. (g) Records of equipment Only current or latest records. lightweighed and stenciled.2. Engineering records of 3 years after disposition of property. property changes actually made.3. Other..................... Note A. E. Personnel and Payroll1. Personnel and payroll 1 year. records. F. Insurance and Claims1. Insurance records: (a) Schedules of Until expiration plus 1 year. insurance against fire, storms, and other hazards and records of premium payments. (b) Records of losses and 1 year after settlement. recoveries from insurance companies and supporting papers. (c) Insurance policies... Until expiration of coverage plus 1 year.2. Claims records: (a) Claim registers, card 1 year after settlement. or book indexes, and other records which record personal injury, fire and other claims against the company, together with all supporting data. (b) Claims registers, 1 year after settlement. 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. (c) Records giving the 3 years. details of authorities issued to agents, carriers, and others for participation in freight claims. (d) Reports, statements 3 years. and other data pertaining to personal injuries or damage to property when not necessary to support claims or vouchers. (e) Reports, statements, 1 year. tracers, and other data pertaining to unclaimed, over, short, damaged, and refused freight, when not necessary to support claims or vouchers. (f) Authorities for 3 years. disposal of unclaimed, damaged, and refused freight.3. Other..................... Note A. G. Taxes1. Taxes..................... Note A. H. Purchases and Stores1. Purchases and stores...... Note A. I. Shipping and Agency Documents1. Bills of lading and releases: (a) Consignors' shipping 1 year. 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. (b) Shippers' order-to- 1 year. notify bills of lading taken up and canceled.2. Freight waybills: (a) Local waybills....... 1 year. (b) Interline waybills 1 year. received from and made to other carriers. (c) Company freight 1 year. waybills. (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 1 year. freight bills provided no claim has been filed. (2) All other freight 1 year. bills. (b) Paid copy of freight bill retained to support payment of freight charges to other carriers: (1) Bus express 1 year. freight bills provided no claim has been filed. (2) All other freight 1 year. bills. (c) Records of unsettled 1 year after disposition. freight bills and supporting papers. (d) Records and reports 1 year. of correction notices.4. Other freight records: (a) Records of freight 1 year. received, forwarded, and delivered. (b) Notice to consignees 1 year. of arrival of freight; tender of delivery.5. Agency records (to include conductors, pursers, stewards, and others): (a) Cash books........... 1 year. (b) Remittance records, 1 year. bank deposit slips and supporting papers. (c) Balance sheets and 1 year. supporting papers. (d) Statements of 1 year. corrections in agents' accounts. (e) Other records and 1 year. reports pertaining to ticket sales, baggage handled, miscellaneous collections, refunds, adjustments, etc.. J. Transportation1. 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. Records and reports pertaining to operation of marine and floating equipment: (a) Ship log............. 3 years. (b) Ship articles........ 3 years. (c) Passenger and room 3 years. list. (d) Floatmen's barge, 2 years. lighter, and escrow captain's reports, demurrage records, towing reports and checks sheets.3. Dispatchers' sheets, 3 years. registers, and other records pertaining to movement of transportation equipment.4. Import and export records 2 years. including bonded freight and steamship engagements.5. Records, reports, orders 3 years. and tickets pertaining to weighting of freight.6. Records of loading and 2 years. unloading of transportation equipment.7. Records pertaining to the 2 years. diversion or reconsignment of freight, including requests, tracers, and correspondence.8. Other..................... Note A. K. Supporting Data for Reports and Statistics1. 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 3 years. annual financial, operating and statistical reports. (b) Supporting data for 3 years. periodical reports of operating revenues, expenses, and income. (c) Supporting data for 3 years. reports detailing use of proceeds from issuance or sale of company securities. (d) Supporting data for 3 years after disposition of the valuation inventory property. 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.2. Supporting data for 3 years. periodical reports of accidents, inspections, tests, hours of service, repairs, etc..3. Supporting data for 3 years. periodical statistical of operating results or performance by tonnage, mileage, passengers carried, piggyback traffic, commodities, costs, analyses of increases and decreases, or otherwise. M. Miscellaneous1. Index of records.......... Until revised as record structure changes.2. Statement listing records For the remainder of the period as prematurely destroyed or prescribed for records destroyed. lost.------------------------------------------------------------------------Note A_Records referenced to this note shall be maintained as determined by the designated records supervisory official. Companies should be mindful of the record retention requirements of the Internal Revenue Service, Securities and Exchange Commission, State and local jurisdictions, and other regulatory agencies. Companies shall exercise reasonable care in choosing retention periods, and the choice of retention periods shall reflect past experiences, company needs, pending litigation, and regulatory requirements.
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