exempt such a person from statutory requirements other than provisions of the Interstate Commerce Act, for retention of such records or documents for periods longer than those hereinafter prescribed. (Car line companies which also provide protective service are subject to regulations in §§ 1220.1 to 1220.7 of this chapter.) § 1225.2 Statutory provisions. (a) Section 20(6) of the Interstate Commerce Act includes the following requirements: The Commission * shall at all times have authority to inspect and copy any and all accounts, books, records, memoranda, correspondence, and other documents of persons which furnish cars * * *to or on behalf of any carrier by railroad or express company *: Provided, however, That such authority shall be limited to accounts, books, records, memoranda, correspondence, or other documents which pertain or relate to the cars .. • so furnished. * Persons furnishing such cars shall submit their accounts, books, records, memoranda, correspondence, or other documents, to the extent above provided, for inspection and copying * upon demand * (b) Section 20 (7) (b) of the Interstate Commerce Act includes the following provisions: Any person who • • shall knowingly and willfully destroy, mutilate, alter, or by any other means or device falsify the records of accounts, records, or memoranda, shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than five thousand dollars or imprisonment for not more than two years, or both such fine and imprisonment: Provided, That the Commission may in its discretion issue orders specifying such operating, accounting, or financial papers, records, books, blanks, tickets, stubs, correspondence, or documents * as may, after a reasonable time, be destroyed, and prescribing the length of time the same shall be preserved. § 1225.3 Authority to destroy records. Records and documents which pertain or relate to cars furnished subject to provisions of section 20(6) of the Interstate Commerce Act may be destroyed after the same have been retained respectively for periods hereinafter prescribed. § 1225.4 Photographic copies. Records and documents covered by the regulations in this part may be destroyed at any time after they have been suitably photographed in the normal course of business under a program instituted for the protection or storage of other company records of a similar nature or purpose: Provided, however, That microfilm copies shall be retained for the periods of time prescribed for the original records or documents, respectively; that the microfilm copies shall be no less readily accessible than the original records or documents as normally filled or preserved would be; and that suitable facilities shall be available to lccate, identify, read, or reproduce such microfilm copies. § 1225.5 Periods of retention. Records and documents listed in this section, insofar as they pertain or relate to cars furnished to or on behalf of any carrier by railroad or express company, shall be retained for the periods of time shown for each kind of record or document, respectively. Inclusion of a record or document in the list imposes no requirement that it shall be installed if the information normally so recorded is not otherwise required by provisions of the Interstate Commerce Act. § 1226.1 Class I Motor Carriers. Regulations pertaining to the maintenance, and destruction, of records and documents for Class I motor carriers (as defined in §§ 1240.4 and 1240.5, of this chapter) are provided in §§ 1226.2 through 1226.8. Mention of a record or document hereinafter imposes no requirements that such record shall be installed if its purpose is otherwise being adequately served. Nothing contained in the regulations in this part shall be construed to excuse noncompliance with requirements of any other governmental body, Federal or State, prescribing longer retention periods for any category of records. § 1226.2 Authority to destroy records. Motor carriers subject to these regulations may destroy records or documents named or described in these regulations after they have been preserved for the periods of time herein prescribed. § 1226.3 Photographic copies. (a) All records and documents must be preserved in their orginal form for the periods specified in the "Schedule of Records," § 1226.8, unless the records and documents are suitably photographed and the microfilm is retained in lieu of the orginal record for the required retention period, subject to the limitations indicated below: (1) The records listed in § 1226.8 with a permanent retention period may not be destroyed after being photographed for preservation unless a waiver is granted pursuant to § 1226.7. (2) All records and documents listed in § 1226.8 other than those excluded above and those required to be retained in original form, may be destroyed after they have been suitably photographed for preservation. (b) To be acceptable in lieu of original records, photographic copies of records must meet the following minimum requirements: (1) Photographic copies shall be no less readily accessible than the orginal record or document as normally filed or preserved would be, and suitable means or facilites shall be available to locate, identify, read or reproduce such photographic copies. (2) Any significant characteristic, feature or other attribute of the original record or document, which photography in black and white will not preserve, shall be clearly indicated before the photograph is made. (3) The reverse side of printed forms need not be copies if nothing has been added to the printed matter common to all such forms, but an identified specimen of such form shall be on the film for reference. (4) Film used for photographing copies shall be of permanent record type meeting in all respects the minimum specifications of the National Bureau of Standards, and all processes recommended by the manufacturer shall be observed to protect it from deterioration or accidental destruction. (5) Each roll of film shall include a microfilm of a certificate or certificates stating that the photographs are direct and facsimile reproductions of the original records and that they have been made in accordance with prescribed instructions. Such certificate or certificates shall be executed by a person or persons having personal knowledge of the facts covered thereby. § 1226.4 Supervision of destruction. (a) Immediately upon the effective date of these regulations, each motor carrier subject thereto shall appoint an officer or other supervisory employee to be responsible for the destruction of records and documents. Such appointment shall be by formal corporate act of the board of directors or its executive committee. Designation may be made by title only, rather than by name and title, and thus obviate the necessity for a new resolution or order each time a successor is appointed. An existing appointment in conformity with the procedure indicated herein which was made under prior regulations shall be recognized as being in compliance with the regulations herein. (b) If the property of a motor carrier subject to these regulations is in the hands of a trustee, executor, administrator, or assignee, the officer or other employee to have responsibility for the destruction of records and documents shall be designated by such trustee, executor, administrator, or assignee. (c) It is not required that a copy of the resolution or order of appointment be filed with the Commission. § 1226.5 List of records destroyed. (a) The responsible officer or employee shall maintain a comprehensive list describing all records and documents which have been destroyed pursuant to these regulations. The list so maintained shall include all records and documents destroyed, including microfilms destroyed. This list shall include form numbers and descriptive title (or descriptions) of the records destroyed and the periods covered. (b) The list so maintained shall be available for inspection in the office of the responsible officer or employee and shall be in such detail that the destroyed records or documents may be identified Item and the time, place, and method of destruction can be established. If the destruction is by accident or at the hand of an unauthorized person not subject to the motorcarrier's control, then the list shall include a statement of the relevant circumstances. § 1226.6 Motor carrier going out of business. The records and documents herein referred to may be destroyed after business is discontinued and the motor carrier is completely liquidated. The records may not be destroyed until dissolution is final and all transactions are completed. When the operations of a motor carrier are continued by another company, the latter company shall preserve records and documents of such operations in the manner and for the retention periods prescribed herein. § 1226.7 Waivers of requirements of these regulations. A waiver from any provision of these regulations may be made by the Commission upon its own initiative or upon submission of a written request therefor by any motor carrier. Each request for waiver shall demonstrate that unusual circumstances warrant a departure from prescribed retention periods, procedures, or techniques or that compliance with such prescribed requirements would impose an unreasonable burden upon the motor carrier, and that the granting of the waiver would be in the public interest. § 1226.8 Prescribed periods of retention. The following "Schedule of Records" shows each category of records and the retention periods. SCHEDULE OF RECORDS Category of records I. GENERAL AND FINANCIAL Retention period 1 Minute books of directors, executive committees, stockholders, and Permanently. other corporate meetings. 2 Capital stock records: (a) Capital stock ledger.. (b) Capital stock certificates, records of or stubs of. NOTE: If the information shown on the stubs is recorded in perma nent records the stubs are required to be retained only for a period of 3 years. (c) Stock transfer register.. (d) Memoranda and bills of sale or of transfer of capital stock. Permanently. Permanently. Permanently. 3 years. 3 years. Optional. 7 8 9 10 11 (a) General and auxiliary ledgers and indexes thereto.. (b) Trial balance sheets of general and auxiliary ledgers.. Record of securities owned, in treasury, or with custodians. General journals: (a) General journal entries. (b) Supporting papers not otherwise provided for. Cash receipts records: (a) General cash receipts journals.. (b) Detailed records supporting totals recorded in item 9(a). (c) Bank deposit slips.. Records summarizing the results of noncarrier operations for entry in general books. NOTE: Ledgers, journals, abstracts, reports, vouchers, etc., shall be retained for the same periods as are provided for similar documents elsewhere in these regulations. Deeds and other title papers, franchises; applications to and certificates or permits from regulatory bodies authorizing operations or extensions of operations and all papers, memoranda and correspondence in connection therewith. Contracts and agreements: (a) Contracts, leases and agreements except as provided in item 11(b), 40(c), 58(f), 72(c), and 76(c). These include property and equipment leases, owner-operator agreements and card or book records thereof. (b) Contracts and required files for transactions which are subject to the provisions of the Clayton Antitrust Act (15 USC 20). Permanently. 6 years. Permanently. 6 years. 3 years. 6 years. Until expiration or cancellation. 3 years after expiration or cancellation. In original form for 10 years after expiration, provided there is no pending litigation involving these records and, provided that the carrier informs the Commission of its intended action 2 weeks prior to date the records are to be destroyed. (c) Taxes based on payrolls.. 6 years. (d) Federal excise taxes.. 6 years. (e) Highway use taxes.. 6 years. (f) Corporate privilege tax.. 6 years. 13 Treasurer's records: Item 16 17 18 SCHEDULE OF RECORDS-Continued Category of records 1. GENERAL AND FINANCIAL-continued Reports to Interstate Commerce Commission and other regulating (c) Accident register and attached file copies of accident reports (d) Reports of hours of service, file copies of, and supporting (1) Drivers' logs (Form BMC 59).. (2) Monthly hours of service report (Form BMC 60).. (f) Other reports to regulatory bodies not provided for by items (g) Copies of applications to and authorities from regulating bodies NOTE: The supporting papers referred to in item 16 are those requisite Annual reports or statements to stockholders, file copies of.. II. TRANSPORTATION 40 Tariffs and other rate authorities: 41 (a) Tariffs, classifications, division sheets, and circulars in which (c) Contracts and minimum rate schedules of contract motor carri- (d) Requests and receipts from agents and others for tariffs, classifi- (e) Written requests on carrier from persons and companies for (g) Authorities for the transportation of property, free or at re- (h) Correspondence and working papers in connection with the (i) Records, circulars, and settlements, regarding conventions, (j) Public timetables and literature, correspondence or records Records pertaining to the diversion or reconsignment of freight, in- (c) Records and reports of passes issued or requested from other (d) Records and reports of tickets issued free or at reduced rates, Retention period In original form for 3 years following occurrence of any recorded accident. In original form for 12 months from In original form for 3 years. 3 years. Permanently. Permanently. 3 years after expiration or cancellation. Until expiration or cancellation. 3 years after expiration or cancella- 2 years after cancellation. 3 years. 2 years after cancellation of tariff. 3 years. 2 years. 3 years. 6 years. 6 years. Optional. 3 years. 3 years. 3 years. 1 complete calendar year. (e) All other records and documents relating to the issuance or use 619 |