[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: 49CFR390.31]



[Page 319-320]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 390_FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL--Table of 

Contents

 

             Subpart B_General Requirements and Information

 

Sec. 390.31  Copies of records or documents.



    (a) All records and documents required to be maintained under this 

subchapter must be preserved in their original form for the periods 

specified, unless the records and documents are suitably photographed 

and the microfilm is retained in lieu of the original record for the 

required retention period.

    (b) To be acceptable in lieu of original records, photographic 

copies of records must meet the following minimum requirements:

    (1) Photographic copies shall be no less readily accessible than the 

original record or document as normally filed or preserved would be and 

suitable means or facilities shall be available to locate, identify, 

read, and reproduce such photographic copies.

    (2) Any significant characteristic, feature or other attribute of 

the original record or document, which photography in black and white 

will not preserve, shall be clearly indicated before the photograph is 

made.

    (3) The reverse side of printed forms need not be copied if nothing 

has been added to the printed matter common to all such forms, but an 

identified specimen of each form shall be on the film for reference.

    (4) Film used for photographing copies shall be of permanent record-

type meeting in all respects the minimum specifications of the National 

Bureau of Standards, and all processes recommended by the manufacturer 

shall be observed to protect it from deterioration or accidental 

destruction.

    (5) Each roll of film shall include a microfilm of a certificate or 

certificates stating that the photographs are direct or facsimile 

reproductions of the original records. Such certificate(s) shall be 

executed by a person or persons having personal knowledge of the 

material covered thereby.

    (c) All records and documents required to be maintained under this 

subchapter may be destroyed after they



[[Page 320]]



have been suitably photographed for preservation.

    (d) Exception. All records except those requiring a signature may be 

maintained through the use of computer technology provided the motor 

carrier can produce, upon demand, a computer printout of the required 

data.