| (a) General records to be maintained. Every motor carrier
shall prepare and maintain in a complete and accurate manner:
(1) operational logs, insurance certificates, documents
to verify the carrier's operations, and proof of registration fee
payments;
(2) records of services performed;
(3) all certificate of title documents, weight tickets,
permits for oversize or overweight vehicles and loads, dispatch records,
or any other document that would verify the operations of the vehicle
to determine the actual weight, insurance coverage, size, and/or capacity
of the vehicle; and
(4) the original certificate of registration and registration
listing, if applicable.
(b) Proof of motor carrier registration.
(1) Except as provided in paragraph (2) of this subsection
and in §218.13(c)(2) of this title (relating to Application for
Motor Carrier Registration), every motor carrier shall maintain a
copy of its current registration listing in the cab of each registered
vehicle at all times. A motor carrier shall make available to a department
investigator or any law enforcement officer a copy of the current
registration listing upon request.
(2) A registered motor carrier is not required to carry
proof of registration in a vehicle leased from a leasing business
that is registered under §218.18 of this title (relating to Short-term
Lease and Substitute Vehicles), when leased as a temporary replacement
due to maintenance, repair, or other unavailability of the originally
leased vehicle. A copy of the lease agreement, or the lease for the
originally leased vehicle, in the case of a substitute vehicle, must
be carried in the cab of the vehicle.
(3) A motor carrier is not required to carry proof
of compliance with UCR or the UCR plan or agreement in its vehicle.
(c) Location of files. Except as provided in this subsection,
every motor carrier shall maintain at a principal place of business
in Texas all records and information required by the department.
(1) Texas motor carriers. If a motor carrier wishes
to maintain records at a specific location other than its principal
place of business in Texas, the motor carrier shall make a written
request to the director. A motor carrier may not begin maintaining
records at an alternate location until the request is approved by
the director.
(2) Out-of-state motor carriers. A motor carrier whose
principal business address is located outside the state of Texas shall
maintain records required under this section at its business location
in Texas. Alternatively, a motor carrier may maintain such records
at a specific out-of-state facility if the carrier reimburses the
department for necessary travel expenses and per diem for any inspections
or investigations conducted in accordance with §218.31 of this
title (relating to Investigations and Inspections of Motor Carrier
Records).
(3) Regional office or driver work-reporting location.
All records and documents required by this subchapter which are maintained
at a regional office or driver work-reporting location, whether or
not maintained in compliance with paragraphs (1) and (2) of this subsection,
shall be made available for inspection upon request at the motor carrier's
principal place of business or other location specified by the Department
within 48 hours after a request is made. Saturdays, Sundays, and federal
and state holidays are excluded from the computation of the 48-hour
period of time in accordance with 49 C.F.R. §390.29.
(d) Preservation and destruction of records. All books
and records generated by a motor carrier, except driver's time cards
and logs, must be maintained for not less than two years at the motor
carrier's principal business address. A motor carrier must maintain
driver's time cards and logs for not less than six months at the carrier's
principal business address.
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| Source Note: The provisions of this §218.32 adopted to be effective February 4, 2010, 35 TexReg 663; amended to be effective March 12, 2015, 40 TexReg 1104; amended to be effective February 1, 2017, 42 TexReg 323 |
