49 C.F.R. § 390.35
Certificates, reports, and records: Falsification, reproduction, or alteration
No motor carrier, its agents, officers, representatives, or employees shall make or cause to make—
(a) A fraudulent or intentionally false statement on any application, certificate, report, or record required by part 325 of subchapter A or this subchapter;
(b) A fraudulent or intentionally false entry on any application, certificate, report, or record required to be used, completed, or retained, to comply with any requirement of this subchapter or part 325 of subchapter A; or
(c) A reproduction, for fraudulent purposes, of any application, certificate, report, or record required by this subchapter or part 325 of subchapter A.
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 2009–2024 · leading case: Sorreda Transport, LLC v. US Dept of Transportation
Sorreda Transport, LLC v. US Dept of Transportation (2020)
“Specifically, the FMCSA investigators found that (1) Sorreda had falsified a road test for one of its drivers (General), see 49 C.F.R. §§ 390.35 , 391.51(a), (2) it had not obtained several drivers' motor vehicle records within the timeframe required by regulation and had failed…”
Douglas Melrose v. Ricky Warner (2016)
“In response to the motion in limine, plaintiff argued that he should be permitted to introduce evidence that defendants had violated several sections of the Federal Motor Carrier Safety Regulations, specifically, 49 CFR 390.35 (falsification/alteration of reports), 49 CFR 391.”
Lewis v. Hoovestal Inc. (2024)
“test or been dependent on oe oO Other health condition(s) not described above: Oves @No © Not Sure a hrc i certify that the above information is accurate and complete, | understand that inaccurate, faise or missing information may invalidate the examination and my Medical…”
Gutierrez v. Uni Trans, LLC (2022)
“34: A copy of Defendant Uni Trans accident register maintained as required by 49 CFR § 390.35 [sic]. Doc. 164-3 at 2-3.”
Elizabeth Santana, Individually and as Personal Representative of the Estate of Rojelio Santana, and as Next Friend of D (2009)
“3 (e) (general applicability); 49 C.F.R. § 390.35 (2008) (certificates, reports, and records; falsification, reproduction, or alteration); 40 C.”
Elizabeth Santana, Individually and as Personal Representative of the Estate of Rojelio Santana, and as Next Friend of D (2009)
“3 (e) (general applicability); 49 C.F.R. § 390.35 (2008) (certificates, reports, and records; falsification, reproduction, or alteration); 40 C.”
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