Part 379 — Preservation of Records
49 CFR Part 379: How long motor carriers must retain financial, operational, and safety records.
Selling a commercial truck? We buy nationwide, any condition, any DOT status.
Sell My TruckOverview
49 CFR Part 379 establishes minimum retention periods for the financial, operational, and safety records that motor carriers are required to maintain. Knowing how long to keep records — and what kind of storage is acceptable — is an important but often overlooked compliance obligation for carriers of all sizes.
Part 379 sets retention periods ranging from one year to indefinitely depending on the type of record. Financial records like ledgers and journals typically must be kept for three years. Records related to specific claims, accidents, or investigations may need to be retained longer. FMCSA can request any covered record during an audit or investigation, and carriers must be able to produce them.
The regulation also specifies acceptable forms of record storage. Electronic storage is generally permissible as long as records remain accessible and legible. Carriers should also be aware that other parts of the FMCSRs — particularly Part 395 (ELD records) and Part 382 (drug testing records) — have their own, often stricter, retention requirements that supersede Part 379 for those specific record types.
Key Provisions
- Sets minimum retention periods for carrier financial, operational, and safety records.
- Financial records typically required for three years; accident records and claims for longer periods.
- Electronic storage of records is permissible under Part 379 as long as records remain accessible.
- FMCSA can request any covered record during audits or investigations — carriers must produce them.
- Other parts (Part 395, Part 382) set their own stricter retention periods for specific record types.
Why It Matters to Truck Owners
Destroying records before their required retention period is a federal violation — and doing so during or just before a safety audit looks even worse. If you’re buying a carrier’s operation along with its trucks, the status of records retention under Part 379 matters. Gaps in records can indicate past safety problems or create liability exposure if claims or accidents from within the retention window later surface.
Frequently Asked Questions
How long must motor carriers keep their records?
Part 379 sets retention periods by record type. Financial records are generally kept 3 years. Driver qualification files must be kept 3 years after the driver leaves (under Part 391). Drug testing records have their own retention periods under Part 382. ELD records must be retained for at least 6 months under Part 395.
Can carriers store records electronically?
Yes — Part 379 permits electronic storage of required records as long as the records remain accurate, complete, and accessible for inspection. Carriers must be able to produce readable copies of electronically stored records on request from FMCSA or other authorized officials.
What happens if a carrier destroys records before the required retention period?
Early destruction of required records is a violation of Part 379 and can result in civil penalties. It also creates significant problems in accident litigation and FMCSA audits, where missing records are often interpreted negatively. Carriers should err on the side of longer retention when in doubt.
Read the official legal text: 49 CFR Part 379 — eCFR.gov (official)
Related Federal Trucking Laws
- Part 369 — Reports of Motor Carriers
- Part 382 — Drug and Alcohol Testing
- Part 395 — Hours of Service of Drivers
- Part 396 — Inspection, Repair, and Maintenance
This page is provided for informational purposes only and is not legal advice. Always verify current requirements at fmcsa.dot.gov or with a qualified transportation attorney.
Ready to Sell Your Commercial Truck?
No inspections. No compliance hassle. We buy trucks in any condition, in all 50 states.
Sell My Truck