Explore the sections in this guide
The short answer
Section 390.15 requires motor carriers to maintain an accident register for three years after each accident covered by the definition in §390.5. Entries must include:
- The accident date and city or nearest town and state.
- The driver's name.
- The number of injuries and fatalities.
- Whether hazardous materials were released, excluding fuel spilled from vehicle fuel tanks.
The records also include copies of accident reports required by governmental entities or insurers.
Decide which events belong
The federal definition covers an occurrence involving a commercial motor vehicle on a highway that results in a fatality, an injury requiring immediate treatment away from the scene, or disabling damage requiring a vehicle to be transported away. Events involving only boarding or exiting a stationary vehicle, or only loading or unloading cargo, are excluded. Read the full definition when classifying an event.
Use the federal definition linked below when deciding whether an event belongs in the required register. Your internal incident log can have a broader scope. Keep the distinction clear when organizing records.
Make retrieval straightforward
Use an event identifier to connect the register entry with its supporting reports. Assign someone to verify that required fields and reports are present, and keep access appropriate to the sensitive information involved.
During a file review, select an entry and practice locating the required reports. Record any missing item for follow-up rather than filling gaps from memory.
A practical example
An incident is logged internally, but no one has checked whether it meets the federal accident definition. Make that a specific review step and connect any required register entry with the supporting reports.
Common mistakes
Treating every internal incident as the same reporting category; leaving required reports disconnected from the register.
Your next steps
- Check the event against the current federal definition.
- Verify required fields and supporting reports.
- Assign a record owner and apply the relevant retention rule.
Keep the event classifications separate
| Record or decision | What it addresses | What to check |
|---|---|---|
| Company incident | An event captured by company policy | May include minor damage and near misses. |
| Federal accident register | An occurrence meeting the applicable federal definition | Use the defined inclusion criteria. |
| Preventability review | An evaluation of avoidability | Record its basis separately. |
| OSHA recordability or reporting | A workplace determination | Evaluate the applicable criteria independently. |
One event can require several different reviews
An internal investigation may consider unsafe acts, equipment condition, training, property damage, insurance information, and corrective action. The federal accident register asks a narrower classification and recordkeeping question. A company can investigate an event that does not belong in that register. Likewise, a preventability label does not decide the register classification. Keep the evidence and reasoning for each decision traceable.
Example: a towing invoice arrives after the first notification
The initial message describes minor damage. Later records indicate the vehicle was transported away. The reviewer needs to determine whether the facts satisfy the applicable disabling-damage criterion, rather than assuming that every tow or every drivable vehicle produces the same answer. Gather the report and supporting information, identify the unresolved fact, and record the classification decision with its basis.
Organizing the supporting file
Use an event reference to connect the register entry, government or insurer reports, photographs where appropriate, and the internal investigation. Keep the original facts distinguishable from later conclusions. A public case study should remove personal and client-identifying information; the required company records still need to retain their applicable content.
Use the federal definition before adding the required entry
The federal accident definition depends on the facts and specified outcomes, including fatality, qualifying injury treatment away from the scene, or disabling damage requiring transport from the scene. An insurer opening a claim or a supervisor labeling an incident preventable does not decide that classification. Document the classification decision using the actual facts and the applicable definition.
Keep the register separate from the investigation file
The required register has specified identifying information and outcome fields. The broader investigation can include photographs, statements, dispatch information and preserved electronic records. Connect those materials through an incident identifier and restrict access as appropriate. Preserve potentially relevant evidence when a claim, investigation or hold requires it. Do not use the three-year federal register period as an automatic destruction date for the entire claim or litigation file.
This guide summarizes common federal requirements and preparation practices. Applicability, exceptions, and state requirements can differ. Check the linked source and the rules that apply to your operation.
