FMCSA accident register requirements

A truck is involved in a roadway crash. The safety team opens an incident file, but should the event also appear in the FMCSA accident register? That question is governed by the federal definition of “accident” in 49 CFR § 390.5 and the register duty in § 390.15. The company's broader incident log may include near misses, minor vehicle damage and workplace injuries; it is not automatically the federal register.

This guide covers the motor-carrier accident-register task under federal FMCSA rules. Confirm that the carrier and operation are subject to the relevant Part 390 provisions and check state requirements where applicable. It is not a guide to insurance claim handling, crash fault, OSHA recordability or post-accident drug/alcohol testing. Those questions can have different triggers.

Decide whether the crash meets the federal definition

Under current § 390.5, an “accident” generally involves a commercial motor vehicle operating on a highway in interstate or intrastate commerce and results in at least one of these outcomes:

1. A fatality.
2. Bodily injury for which a person immediately receives medical treatment away from the scene.
3. Disabling damage to one or more motor vehicles requiring transport away from the scene by a tow truck or another motor vehicle.

The definition excludes an occurrence involving only boarding or alighting from a stationary motor vehicle, or only the loading or unloading of cargo. Read the definition in full before classifying a borderline event. A tow for an ordinary mechanical breakdown, for example, is not by itself proof that a qualifying crash occurred. The regulation's definition of “disabling damage” is also narrower than any cosmetic damage. Keep the dispatch and incident facts that support the classification.

The federal accident-register decision is related to, but distinct from, the FMCSA post-accident testing decision. Part 382 testing has additional driver, citation and timing conditions. A register entry does not prove a test was required; a testing decision should not be made by reading the register alone.

Record the minimum fields

For a qualifying accident, § 390.15(b)(1) requires at least:

FMCSA says there is no mandatory register form. A carrier can use its own format if those elements are present. Additional internal fields such as vehicle, event reference or corrective action can help link records, but should not obscure or replace the required fields. Do not infer that a blank hazardous-material field means “no”.

Section 390.15(b)(2) also requires copies of accident reports required by state or other governmental entities or insurers. FMCSA clarifies the supporting-report duty: it covers information generated by the carrier or driver to fulfil those reporting obligations and does not oblige the carrier to obtain investigators' or insurers' own reports merely because they exist. Keep the required carrier-generated reports linked to the right register entry and note when an external report has not been received.

Apply the three-year retention period correctly

Under § 390.15(b), motor carriers must maintain the register for three years after the date of each accident. FMCSA's Safety Planner repeats that period. Set the review date per event rather than purging an entire calendar-year file on a single anniversary. Preserve records longer when another applicable law, legal hold, insurance term or active investigation requires it; assess those requirements separately.

For an audit, the register should allow a reviewer to trace each qualifying crash to the supporting event file and required reports. Section 390.15(a) also requires carriers and intermodal equipment providers to make accident information available to authorised investigators and provide reasonable assistance. Access controls should protect sensitive details without making the required records inaccessible to authorised requests.

A classification workflow for the safety team

At initial notification, record facts without prematurely deciding whether the event is reportable. Confirm the vehicle and operation, highway context, injuries and treatment away from the scene, damage and tow reason. Apply the § 390.5 definition, record the reasoning for inclusion or exclusion, and obtain missing details promptly. If qualifying, create or update the register entry and link the state, government or insurer reports that the carrier or driver was required to generate. Calendar the three-year retention date and any longer hold. Separately evaluate Part 382 testing, state accident-reporting duties and insurance notifications.

An employer should periodically compare its general crash/claim files with the federal register so a qualifying event is not missed simply because one team filed it under a different label. This comparison is an operational control, not an additional statutory form.

For a wider look at motor-carrier records, use the Complys US DOT compliance software page and request a demonstration of the actual incident and document workflow. This guide does not claim Complys automatically classifies FMCSA accidents, files reports with regulators, performs Part 382 testing decisions or calculates legal retention for every jurisdiction.

Primary sources and publication gate

• eCFR — 49 CFR § 390.5: current federal accident definition and exclusions.
• eCFR — 49 CFR § 390.15: register fields, supporting reports, three-year retention and investigation assistance.
• FMCSA Accident Recordkeeping Safety Planner: agency explanation.
• FMCSA register-format FAQ and supporting-report FAQ: format and report scope.

Before publication: Recheck current FMCSA text, exact carrier/operation scope, current live and unpublished owners, and the canonical host. Preserve the post-accident testing page as the separate immediate-testing decision owner.

For the related Complys product, see DOT Compliance Software. This guide is general information, not legal advice; verify current requirements against the official sources linked above.