C.F.R. » Title 49 » CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS › PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL › Subpart B—General Requirements and Information

49 C.F.R. § 390.32

Electronic documents and signatures

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(a) Applicability. This section applies to documents that entities or individuals are required to retain, regardless of whether FMCSA subsequently requires them to be produced or displayed to FMCSA staff or other parties entitled to access. This section does not apply to documents that must be submitted directly to FMCSA.

(b) Electronic records or documents. Any person or entity required to generate, maintain, or exchange documents to satisfy requirements in chapter III of subtitle B of title 49, Code of Federal Regulations (49 CFR 300-399) may use electronic methods to satisfy those requirements.

(c) Electronic signatures. (1) Any person or entity required to sign or certify a document to satisfy the requirements of chapter III of subtitle B of title 49, Code of Federal Regulations (49 CFR parts 300-399) may use an electronic signature, as defined in § 390.5T of this part.

(2) An electronic signature may be made using any available technology that otherwise satisfies FMCSA's requirements.

(d) Requirements. Any person or entity may use documents signed, certified, generated, maintained, or exchanged using electronic methods if the documents accurately reflect the information otherwise required to be contained in them. Records, documents or signatures generated, maintained, or exchanged using electronic methods do not satisfy the requirements of this section if they are not capable of being retained, are not used for the purpose for which they were created, or cannot be accurately reproduced within required timeframes for reference by any party entitled to access. Records or documents generated electronically do not satisfy the requirements of this section if they do not include proof of consent to use electronically generated records or documents, as required by 15 U.S.C. 7001(c).

[83 FR 16226, Apr. 16, 2018]
Notes of Decisions
Cited in 4 cases, 1978–1988 · leading case: Lucien J. Harmon and Bernice F. Harmon, Cross-Appellants v. Grande Tire Co., Inc., Central Bag Company, Cross-Appellees
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Lucien J. Harmon and Bernice F. Harmon, Cross-Appellants v. Grande Tire Co., Inc., Central Bag Company, Cross-Appellees (1987) ca5 · cites it 2× “3, the court determined that no interrogatory addressed Central Bag’s independent fault for failing — as required by 49 C.F.R. § 390.32 2 — to require Goodall’s compliance with section 392.”
Merchants Home Delivery Service, Inc. v. National Labor Relations Board (1978) ca9 “This is required of contract carriers who “employ” drivers by 49 C.F.R. §§ 390.32 , .33(a), 391.3(c), .”
Creek Nation Indian Housing v. United States (1988) oked “49 C.F.R. § 390.32 (1986). Areas in which ETI has latitude in the operation of its business and in which ETI is not subject to continuous monitoring by the Department of Defense have already been noted.”
Fleeger v. UN. COMP. BD. OF REV. (1987) pacommwct “49 C.F.R. §390.32 . Further, the Employer would have to realize that assigning Claimant a 645 mile delivery of a “hot” load would require him to violate the federal safety regulations.”
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