Accident Register and Recordkeeping Requirements

What Is the Accident Register?

Every motor carrier operating commercial motor vehicles is required to maintain an accident register under 49 CFR 390.15. This regulation mandates that carriers keep a systematic record of all accidents involving their vehicles, regardless of fault. The accident register is a critical compliance document that FMCSA investigators review during compliance reviews and safety audits.

Maintaining accurate accident records is not only a regulatory requirement -- it is also a fundamental component of a carrier's internal safety management program. Proper recordkeeping helps identify patterns, assess risk, and implement corrective measures before small incidents become serious problems.

What Qualifies as a Reportable Accident?

Under FMCSA's definition in 49 CFR 390.5, an accident is any occurrence involving a commercial motor vehicle on a public road that results in:

• A fatality -- any person killed as a result of the accident
• A bodily injury requiring immediate medical treatment away from the scene
• One or more motor vehicles incurring disabling damage requiring the vehicle to be towed from the scene

It is important to note that this definition is not fault-based. Even if the CMV driver was not at fault, the accident must be recorded if it meets any of the above criteria. Minor fender-benders and parking lot incidents that do not meet these thresholds are not considered reportable accidents under this definition.

Required Information in the Register

The accident register must include the following details for each reportable accident:

1. Date of accident
2. City or town and state where the accident occurred
3. Driver name
4. Number of injuries
5. Number of fatalities
6. Whether hazardous materials were released (other than fuel spilled from the vehicle's fuel tank)

In addition to the register entries, carriers must maintain copies of all accident reports submitted to government agencies or insurers. These supporting documents should be cross-referenced with the register for a complete accident file.

Retention Period

Carriers must retain accident register records and all supporting documentation for a period of at least three years after the date of the accident. During a compliance review or investigation, FMCSA investigators will examine the register for completeness, accuracy, and consistency with other records such as driver qualification files and vehicle maintenance logs.

Connection to the Safety Measurement System

Reportable accidents are submitted to FMCSA through state law enforcement crash reports and are incorporated into the Safety Measurement System (SMS). They factor directly into the Crash Indicator BASIC, which measures a carrier's crash involvement relative to its size and exposure. A high Crash Indicator percentile can trigger FMCSA interventions including warning letters and on-site compliance reviews.

Common Recordkeeping Mistakes

Carriers frequently encounter problems with their accident registers during compliance reviews. The most common mistakes include:

• Failing to record accidents where the CMV driver was not at fault
• Omitting accidents that occurred with a leased or interchanged vehicle
• Not maintaining copies of police reports or insurance documents
• Recording non-qualifying incidents (such as minor parking lot contact) while omitting qualifying events
• Discarding records before the three-year retention period expires

Review your carrier's accident and inspection history on TruckCodes to compare official records against your internal register and identify any gaps in documentation.