---
kind: "section"
citation: "49 C.F.R. § 395.11"
title: "49"
number: "395.11"
heading: "Supporting documents."
url: "https://uscodex.org/cfr/49/395.11"
---

# §395.11. Supporting documents.

- (a) **Effective date.** This section takes effect December 18, 2017.
- (b) **Submission of supporting documents to motor carrier.** Except drivers for a private motor carrier of passengers (nonbusiness), a driver must submit to the driver's employer the driver's supporting documents within 13 days of either the 24-hour period to which the documents pertain or the day the document comes into the driver's possession, whichever is later.
- (c) **Supporting document retention.**
  - (1) Subject to [paragraph (d)](#d) of this section, a motor carrier must retain each supporting document generated or received in the normal course of business in the following categories for each of its drivers for every 24-hour period to verify on-duty not driving time in accordance with [§ 395.8(k)](/cfr/49/395.8.md?p=k):
    - (i) Each bill of lading, itinerary, schedule, or equivalent document that indicates the origin and destination of each trip;
    - (ii) Each dispatch record, trip record, or equivalent document;
    - (iii) Each expense receipt related to any on-duty not driving time;
    - (iv) Each electronic mobile communication record, reflecting communications transmitted through a fleet management system; and
    - (v) **Each payroll record, settlement sheet, or equivalent document that indicates payment to a driver.**
  - (2)
    - (i) A supporting document must include each of the following data elements:
      - (A) On the document or on another document that enables the carrier to link the document to the driver, the driver's name or personal identification number (PIN) or a unit (vehicle) number if the unit number can be associated with the driver operating the unit;
      - (B) The date, which must be the date at the location where the date is recorded;
      - (C) The location, which must include the name of the nearest city, town, or village to enable Federal, State, or local enforcement personnel to quickly determine a vehicle's location on a standard map or road atlas; and
      - (D) Subject to [paragraph (c)(2)(ii)](#c-2-ii) of this section, the time, which must be convertible to the local time at the location where it is recorded.
    - (ii) If a driver has fewer than eight supporting documents containing the four data elements under [paragraph (c)(2)(i)](#c-2-i) of this section for a 24-hour period, a document containing the data elements under [paragraphs (c)(2)(i)(A) through (C)](#c-2-i-A..c-2-i-C) of this section is considered a supporting document for purposes of [paragraph (d)](#d) of this section.
- (d) **Maximum number of supporting documents.**
  - (1) Subject to paragraphs [(d)(3)](#d-3) and [(4)](#d-4) of this section, a motor carrier need not retain more than eight supporting documents for an individual driver's 24-hour period under [paragraph (c)](#c) of this section.
  - (2) In applying the limit on the number of documents required under [paragraph (d)(1)](#d-1) of this section, each electronic mobile communication record applicable to an individual driver's 24-hour period shall be counted as a single document.
  - (3) If a motor carrier has more than eight supporting documents for a driver's 24 hour period, the motor carrier must retain the supporting documents containing the earliest and the latest time indications among the eight supporting documents retained.
  - (4) In addition to other supporting documents required under this section, and notwithstanding the maximum number of documents under [paragraph (d)(1)](#d-1) of this section, a motor carrier that requires a driver to complete a paper record of duty status under [§ 395.8(a)(1)(iii)](/cfr/49/395.8.md?p=a-1-iii) must maintain toll receipts for any period when the driver kept paper records of duty status.
- (e) **Link to driver's record of duty status.** A motor carrier must retain supporting documents in such a manner that they may be effectively matched to the corresponding driver's record of duty status.
- (f) **Prohibition of destruction.** No motor carrier or driver may obscure, deface, destroy, mutilate, or alter existing information contained in a supporting document.
- (g) **Supporting documents at roadside.**
  - (1) Upon request during a roadside inspection, a driver must make available to an authorized Federal, State, or local official for the official's review any supporting document in the driver's possession.
  - (2) A driver need not produce a supporting document under [paragraph (g)(1)](#g-1) of this section in a format other than the format in which the driver possesses it.
- (h) **Self-compliance systems.**
  - (1) FMCSA may authorize on a case-by-case basis motor carrier self-compliance systems.
  - (2) Requests for use of a supporting document self-compliance system may be submitted to FMCSA under the procedures described in [49 CFR part 381](/cfr/49/part381.md), [subpart C](/cfr/49/subpartC.md) (Procedures for Applying for Exemptions).
  - (3) FMCSA will consider requests concerning types of supporting documents retained by a motor carrier under [§ 395.8(k)(1)](/cfr/49/395.8.md?p=k-1) and the method by which a driver retains a copy of the record of duty status for the previous 7 days and makes it available for inspection while on duty in accordance with [§ 395.8](/cfr/49/395.8.md).

## Notes

### Amendments

[80 FR 78384, Dec. 16, 2015]

### Authority

Authority: 49 U.S.C. 504, 21104(e), 31133, 31136, 31137, 31502; sec. 113, Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub. L. 106-159 (as added and transferred by sec. 4115 and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744), 113 Stat. 1748, 1773; sec. 4133, Pub. L. 109-59, 119 Stat. 1144, 1744; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; sec. 5206(b), Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR 1.87.

### Source

Source: 33 FR 19758, Dec. 25, 1968, unless otherwise noted.

### Amendments

[80 FR 78384, Dec. 16, 2015]