The Federal Motor Carrier Safety Administration has published a proposed rule to allow the use of electronic documents and signatures to satisfy the agency’s regulatory requirements.  79 Fed. Reg. 23306 (April 28, 2014).  The proposal would permit the use of electronic methods to sign, certify, generate exchange or maintain records so long as the documents accurately reflect the information in the record and can be used for their intended purpose.

This proposed rule would apply only to those documents that FMCSA’s regulations obligate entities or individuals to retain; it would not apply to forms or other documents that must be submitted directly to FMCSA.

On January 4, 2011, FMCSA issued regulatory guidance (76 Fed. Reg. 23338) on the use of electronic signatures and documents to satisfy FMCSA’s regulatory requirements. That guidance provided that, for the purposes of complying with any provision in 49 CFR parts 300–399 that requires a document to be created, signed, certified or retained by any person or entity, that person or entity may, but is not required to, use electronic methods. The guidance further stated that in order for electronic methods to satisfy FMCSA’s regulatory requirements, the documents or signatures had to accurately reflect the information in the record and remain accessible in a form that can be accurately viewed or reproduced according to agency rules.

This proposed rulemaking would codify FMCSA’s guidance in newly proposed 49 CFR § 390.32 and eliminate references to outdated recordkeeping and reporting methods throughout the agency’s regulations.