Question 1: May records required by the FMCSRs be maintained in an electronic format?

Guidance: Yes, provided the motor carrier can produce the information required by the regulations. Documents requiring a signature must be capable of replication (i.e., photocopy, facsimile, etc.) in such form that will provide an opportunity for signature verification upon demand. If computer records are used, all of the relevant data on the original documents must be included in order for the record to be valid.

Question 2: How long does a motor carrier have to produce records if a motor carrier maintains all records in an electronic format?

Guidance: A motor carrier must produce all records maintained in an electronic format within 2 working days after the request. Documents requiring a signature must be capable of replication (e.g., photocopy, facsimile, etc.) in such form that will provide an opportunity for signature verification upon demand.

*Question 3: Using record scanning technology, these requirements can be fulfilled. Is my understanding of section 390.31 paragraph (c) correct that once qualifying documents have been suitably scanned, original paper documents may be destroyed?

Guidance: Yes, scanned records, which include a verifiable signature, would fulfill the requirements of §390.31 and the original paper documents may be destroyed as stated in §390.31(c).

*Question 4: If my understanding of section 390.31 and its associated interpretations is correct, will this negate the necessity to maintain the original road test document as required by 391.31(g)(1)?

Guidance: Yes, as long as the road test document has been properly scanned.

*Editor’s Note: This interpretation was issued after the interpretations were published in the Federal Register in April 1997.