[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR379.13]



[Page 139-142]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 379_PRESERVATION OF RECORDS--Table of Contents

 

Sec. 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 to Part 379--Schedule of Records and Periods of Retention



------------------------------------------------------------------------

 Item and category of records               Retention period

------------------------------------------------------------------------

   A. Corporate and General



1. 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. Treasury



1. 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.



[[Page 140]]





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 Accounting



1. 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 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          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 Payroll



1. Personnel and payroll       1 year.

 records.



   F. Insurance and Claims



1. 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.



[[Page 141]]





    (f) Authorities for        3 years.

     disposal of unclaimed,

     damaged, and refused

     freight.

3. Other.....................  Note A.



           G. Taxes



1. Taxes.....................  Note A.



   H. Purchases and Stores



1. Purchases and stores......  Note A.



    I. Shipping and Agency

          Documents



1. 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. Transportation



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. 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 Statistics



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    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.



[[Page 142]]





    (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. Miscellaneous



1. 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.