Truck Crash Reference

Carrier records, preservation and spoliation

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Contents
  1. Driver qualification and trip records
  2. Preservation requests and the Georgia standard
  3. Federal electronic-information rule
  4. Related entries
  5. References
Carrier records, preservation and spoliation
Retention exampleQualification files generally extend three years after employment[1]
Georgia preservation authorityPhillips v. Harmon (2015)[2]

Carrier records can document driver qualifications, vehicle condition and the work performed on a trip. Routine federal retention periods differ by record type. Preservation for litigation is a separate legal issue: a record reaching the end of a regulatory retention period does not by itself answer whether it may be destroyed once a duty to preserve has arisen.[1][3][2]

See: Engine control modules and electronic crash evidence

Driver qualification and trip records

Section 391.51 requires a driver qualification file with specified documents and generally requires its retention throughout employment and for three years afterward; certain components have shorter retention provisions. Sections 391.23 and 391.25 address employment-related inquiries and annual driving-record review. Section 390.15 separately requires an accident register for three years. Those records should not be confused with six-month duty-status and supporting-document retention under Part 395.[1][4][5][6][7]

Preservation requests and the Georgia standard

In Phillips v. Harmon, the Supreme Court of Georgia explained that a defendant's preservation duty arises when litigation is reasonably foreseeable, considering the circumstances. A formal demand or complaint is not the only possible trigger. A preservation letter can identify relevant vehicles and records, but it does not automatically establish that every requested item existed or that every later loss warrants sanctions.[2]

Federal electronic-information rule

In federal civil actions, Rule of Civil Procedure 37(e) concerns electronically stored information that should have been preserved in anticipation or conduct of litigation, was lost because reasonable steps were not taken, and cannot be restored or replaced through additional discovery. Its remedies distinguish prejudice from an intent to deprive another party of the information's use. Severe measures are not an automatic consequence of every missing file.[8]

References

  1. abc 49 CFR 391.51: Driver qualification files. Electronic Code of Federal Regulations, Office of the Federal Register and GPO. https://www.ecfr.gov/current/title-49/section-391.51. official. Checked . Source record
  2. abc Phillips v. Harmon, 297 Ga. 386 (2015). Supreme Court of Georgia, reproduced by Justia. https://law.justia.com/cases/georgia/supreme-court/2015/s14g1868.html. official. Checked . Source record
  3. ^ 49 CFR 396.3: Inspection, repair and maintenance. Electronic Code of Federal Regulations, Office of the Federal Register and GPO. https://www.ecfr.gov/current/title-49/section-396.3. official. Checked . Source record
  4. ^ 49 CFR 391.23: Investigations and inquiries. Electronic Code of Federal Regulations, Office of the Federal Register and GPO. https://www.ecfr.gov/current/title-49/section-391.23. official. Checked . Source record
  5. ^ 49 CFR 391.25: Annual inquiry and review of driving record. Electronic Code of Federal Regulations, Office of the Federal Register and GPO. https://www.ecfr.gov/current/title-49/section-391.25. official. Checked . Source record
  6. ^ 49 CFR 390.15: Accident records. Electronic Code of Federal Regulations, Office of the Federal Register and GPO. https://www.ecfr.gov/current/title-49/section-390.15. official. Checked . Source record
  7. ^ 49 CFR 395.8: Driver record of duty status. Electronic Code of Federal Regulations, Office of the Federal Register and GPO. https://www.ecfr.gov/current/title-49/section-395.8. official. Checked . Source record
  8. ^ Federal Rule of Civil Procedure 37. Federal Rules of Civil Procedure, reproduced by Cornell Legal Information Institute. https://www.law.cornell.edu/rules/frcp/rule_37. official. Checked . Source record