(a) Each motor carrier and intermodal equipment provider must do the following:
(1) Make all records and information pertaining to an accident available to an authorized representative or special agent of the Federal Motor Carrier Safety Administration, an authorized State or local enforcement agency representative, or authorized third-party representative within such time as the request or investigation may specify.
(2) Give an authorized representative all reasonable assistance in the investigation of any accident, including providing a full, true, and correct response to any question of the inquiry.
(b) Motor carriers must maintain an accident register for 3 years after the date of each accident. Information placed in the accident register must contain at least the following:
(1) A list of accidents as defined at § 390.5 of this chapter containing for each accident:
(i) Date of accident.
(ii) City or town, or most near, where the accident occurred and the State where the accident occurred.
(iii) Driver Name.
(iv) Number of injuries.
(v) Number of fatalities.
(vi) Whether hazardous materials, other than fuel spilled from the fuel tanks of motor vehicle involved in the accident, were released.
(2) Copies of all accident reports required by State or other governmental entities or insurers.
(Approved by the Office of Management and Budget under control number 2126-0009)
[69 FR 16719, Mar. 30, 2004, as amended at 73 FR 76821, Dec. 17, 2008; 83 FR 22878, May 17, 2018; 88 FR 80184, Nov. 17, 2023]
Notes of Decisions
Leon v. Fedex Ground Package Sys., Inc., 313 F.R.D. 615 (D.N.M. 2016).
· cites it 2× “49 C.F.R. § 390.15 (b). This obligation requires FedEx Ground to provide its own account of accidents involving its tracks.”
Ashton Ex Rel. Est. of Ashton v. Knight Transp., Inc., 772 F. Supp. 2d 772 (N.D. Tex. 2011).
“Ballinger’s frustration over Knight's lack of cooperation is reflected his September 30, *781 2009 email to a law enforcement official in Republic County, Kansas: As far as I’m concerned, Knight Transportation, both directly and through its legal counsel, is in violation of this…”
Sandoval v. Hagan, 7 F. Supp. 2d 1234 (M.D. Ala. 1998).
“, 49 C.F.R. §§ 390.15 , 390.31, 390.35, 391.”
Fleeger v. Un. Comp. Bd. of Rev., 528 A.2d 264 (Pa. Commw. Ct. 1987).
“” 49 C.F.R. §390.15 The Boards finding that Claimant was employed as a truck driver for the Employer supports a conclusion that the Employer is a motor carrier subject to the federal safety regulations.”
Booker v. P.A.M. Transp. Inc. (D.N.M. 2023).
· cites it 4× “Defendant objected because its Department of Transportation Register, maintained pursuant to 49 C.F.R. § 390.15 , is barred by 49 U.S.”
Thomas v. Windstream Commc'ns, LLC (S.D.W. Va 2018).
· cites it 4× “Code § 17C-4-3 (duty to give contact information and render aid), and the failure of Helm to file a report of the accident as required by the Federal Motor Carrier Safety Regulations (“FMCSR”), 49 C.F.R. § 390.15 . Accordingly, on June 9, 2017, the court stated, “Considering the…”
DeBower v. Spencer (N.D. Iowa 2021).
· cites it 2× “Plaintiff argues Wagner Trucking and Skeeter LLC failed to create an accident report after the accident, in violation of the regulations, see 49 C.F.R. § 390.15 (b). Here, only Spencer’s negligence is at issue.”
Scott v. Waste Connections US, Inc. (W.D.N.C. 2023).
· cites it 2× “Plaintiff seeks production of “[a]ll documents which record, reflect, or otherwise evidence each and every ‘accident register’ maintained by you for 2019, 2020, 2021, and 2022 as required by the Federal Motor Carrier Safety Regulations, 49 C.F.R. § 390.15 .” (Doc. No. 37 at 2).”
Donahue v. Bergerhouse (W.D. Okla. 2021).
· cites it 2× “Pursuant to 49 C.F.R. § 390.15 , “[m]otor carriers must maintain an accident register for 3 years after the date of each accident” that includes a list of accidents, certain details about each accident, and copies of accident reports.”
— 49 C.F.R. § 390.15(b)(1) — 1 case
Booker v. P.A.M. Transp. Inc. (D.N.M. 2023).
“Defendant objected because its Department of Transportation Register, maintained pursuant to 49 C.F.R. § 390.15 , is barred by 49 U.S.”
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