Recent guidance released by the Commercial Vehicle Safety Alliance (CVSA) clarifies the electronic documents that can be presented during roadside inspections. In many cases, electronic documents required by Federal Motor Carrier Safety Regulations (FMCSRs) are acceptable during roadside inspections and compliance reviews. However, there are some exceptions to this rule, and various documents must be provided in paper format.
Electronic Documents Requirements
Under 49 CFR 300-399, electronic copies of requested documents during a roadside inspection are sufficient. These copies must be legible, and those inspecting the copies must be able to view and read any required content.
Furthermore, electronic documents must contain all the required information under the regulations, including a signature where applicable.
Electronic Signatures
An electronic signature is a method of signing an electronic communication, identifying and authenticating a particular person as the source of the electronic communication. This signature also indicates the person’s approval of the information contained in the electronic communication.
Electronic signatures may be made using any available technology approved by the FMCSRs. For example, an electronic “capture image” signature is a scripted name or legal mark that, while conventionally created on paper, may also be created using electronic devices.
Documents Included in the Guidance
Almost all documents under the FMCSRs can be stored electronically; however, there are a couple of exceptions. In particular, the two documents that cannot be electronically provided during a roadside inspection include driver’s licenses and hazmat shipping papers.
Documents that can be electronically presented during a roadside inspection include:
- Driver medical cards and certificates
- Skills performance evaluation certificates
- Delivery receipts, shipping papers or bills of lading (nonhazardous materials/non-dangerous goods only)
- Record of duty status
- Supporting documents to verify record of duty status
- Periodic inspection certificates or reports
During a Roadside Inspection
When an inspector conducts a roadside inspection or compliance review, the driver or motor carrier may present anything required by FMCSRs in electronic format. When an inspector requests the driver or motor carrier to produce the documents, the documents must be presented in an electronic format at the time of the request, just like a paper document would be. Documents required within 48 hours for other investigations must be presented within that time frame. Additionally, original documents do not need to be kept if they are retained electronically.
Source: CVSA
