Editorial Note on Part 395
Editorial Note: Nomenclature changes to part 395 appear at 66 FR 49874, Oct. 1, 2001.

§ 395.11 Supporting documents. ( a ) *Effective date.* This section takes effect December 18, 2017.
( b ) *Submission of supporting documents to motor carrier.* Except drivers for a private motor carrier of passengers (nonbusiness), a driver must submit to the driver's employer the driver's supporting documents within 13 days of either the 24-hour period to which the documents pertain or the day the document comes into the driver's possession, whichever is later.
( c ) *Supporting document retention.* ( 1 ) Subject to paragraph (d) of this section, a motor carrier must retain each supporting document generated or received in the normal course of business in the following categories for each of its drivers for every 24-hour period to verify on-duty not driving time in accordance with § 395.8(k): ( i ) Each bill of lading, itinerary, schedule, or equivalent document that indicates the origin and destination of each trip;
( ii ) Each dispatch record, trip record, or equivalent document;
( iii ) Each expense receipt related to any on-duty not driving time;
( iv ) Each electronic mobile communication record, reflecting communications transmitted through a fleet management system; and
( v ) Each payroll record, settlement sheet, or equivalent document that indicates payment to a driver.
( 2 ) ( i ) A supporting document must include each of the following data elements: ( A ) On the document or on another document that enables the carrier to link the document to the driver, the driver's name or personal identification number (PIN) or a unit (vehicle) number if the unit number can be associated with the driver operating the unit;
( B ) The date, which must be the date at the location where the date is recorded;
( C ) The location, which must include the name of the nearest city, town, or village to enable Federal, State, or local enforcement personnel to quickly determine a vehicle's location on a standard map or road atlas; and
( D ) Subject to paragraph (c)(2)(ii) of this section, the time, which must be convertible to the local time at the location where it is recorded.
( ii ) If a driver has fewer than eight supporting documents containing the four data elements under paragraph (c)(2)(i) of this section for a 24-hour period, a document containing the data elements under paragraphs (c)(2)(i)(A) through (C) of this section is considered a supporting document for purposes of paragraph (d) of this section.
( d ) *Maximum number of supporting documents.* ( 1 ) Subject to paragraphs (d)(3) and (4) of this section, a motor carrier need not retain more than eight supporting documents for an individual driver's 24-hour period under paragraph (c) of this section.
( 2 ) In applying the limit on the number of documents required under paragraph (d)(1) of this section, each electronic mobile communication record applicable to an individual driver's 24-hour period shall be counted as a single document.
( 3 ) If a motor carrier has more than eight supporting documents for a driver's 24 hour period, the motor carrier must retain the supporting documents containing the earliest and the latest time indications among the eight supporting documents retained.
( 4 ) In addition to other supporting documents required under this section, and notwithstanding the maximum number of documents under paragraph (d)(1) of this section, a motor carrier that requires a driver to complete a paper record of duty status under § 395.8(a)(1)(iii) must maintain toll receipts for any period when the driver kept paper records of duty status.
( e ) *Link to driver's record of duty status.* A motor carrier must retain supporting documents in such a manner that they may be effectively matched to the corresponding driver's record of duty status.
( f ) *Prohibition of destruction.* No motor carrier or driver may obscure, deface, destroy, mutilate, or alter existing information contained in a supporting document.
( g ) *Supporting documents at roadside.* ( 1 ) Upon request during a roadside inspection, a driver must make available to an authorized Federal, State, or local official for the official's review any supporting document in the driver's possession.
( 2 ) A driver need not produce a supporting document under paragraph (g)(1) of this section in a format other than the format in which the driver possesses it.
( h ) *Self-compliance systems.* ( 1 ) FMCSA may authorize on a case-by-case basis motor carrier self-compliance systems.
( 2 ) Requests for use of a supporting document self-compliance system may be submitted to FMCSA under the procedures described in 49 CFR part 381, subpart C (Procedures for Applying for Exemptions).
( 3 ) FMCSA will consider requests concerning types of supporting documents retained by a motor carrier under § 395.8(k)(1) and the method by which a driver retains a copy of the record of duty status for the previous 7 days and makes it available for inspection while on duty in accordance with § 395.8.
[80 FR 78384, Dec. 16, 2015]