1. (a) General records to be maintained. Every motor carrier shall prepare and maintain:

   1. (1) operational logs, insurance certificates, documents to verify the carrier's operations, and proof of registration fee payments;
   2. (2) complete and accurate records of services performed;
   3. (3) all certificate of title documents, weight tickets, permits for oversize or overweight vehicles and loads, dispatch records, or any other document that would verify the operations of the vehicle to determine the actual weight, insurance coverage, size, and/or capacity of the vehicle; and
   4. (4) the original certificate of registration and registration listing, if applicable.

2. (b) Additional records for household goods carriers. In order to verify compliance with Subchapters B and E of this chapter (relating to Motor Carrier Registration and Consumer Protection), every household goods carrier shall retain complete and accurate records maintained in accordance with reasonable accounting procedures of all services performed in intrastate commerce. Household goods carriers shall retain all of the following information and documents:

   1. (1) moving services contracts, such as, bills of lading or receipts;
   2. (2) proposals for moving services;
   3. (3) inventories, if applicable;
   4. (4) freight bills;
   5. (5) time cards, trip sheets, or driver's logs;
   6. (6) claim records;
   7. (7) ledgers and journals;
   8. (8) canceled checks;
   9. (9) bank statements and deposit slips;
   10. (10) invoices, vouchers or statements supporting disbursements; and
   11. (11) dispatch records.

3. (c) Proof of motor carrier registration.

   1. (1) Except as provided in paragraph (2) of this subsection, every motor carrier shall maintain a copy of its current registration listing in the cab of each registered vehicle at all times. A motor carrier shall make available to a certified inspector or any law enforcement officer a copy of the current registration listing upon request.
   2. (2) A registered motor carrier is not required to carry proof of registration in a vehicle leased from a leasing business that is registered under §218.18 of this chapter (relating to Short-term Lease and Substitute Vehicles), when leased as a temporary replacement due to maintenance, repair, or other unavailability of the originally leased vehicle. A copy of the lease agreement, or the lease for the originally leased vehicle, in the case of a substitute vehicle, must be carried in the cab of the vehicle.

4. (d) Location of files. Except as provided in this subsection, every motor carrier shall maintain at a principal place of business in Texas all records and information required by the department.

   1. (1) Texas firms. If a motor carrier wishes to maintain records at a specific location other than its principal place of business in Texas, the motor carrier shall make a written request to the manager. A motor carrier may not begin maintaining records at an alternate location until the request is approved by the manager.
   2. (2) Out-of-state firms. A motor carrier whose principal business address is located outside the state of Texas shall maintain records required under this section at its principal place of business in Texas. Alternatively, a motor carrier may maintain such records at a specific out-of-state facility if the carrier reimburses the department for necessary travel expenses and per diem for any inspections or investigations conducted in accordance with §218.31 of this subchapter (relating to Investigations and Inspections of Motor Carrier Records).
   3. (3) Regional office or driver work-reporting location. All records and documents required by this subchapter which are maintained at a regional office or driver work-reporting location, whether or not maintained in compliance with paragraphs (1) and (2) of this subsection, shall be made available for inspection upon request at the motor carrier's principal place of business or other location specified by the Department within 48 hours after a request is made. Saturdays, Sundays, and Federal and State holidays are excluded from the computation of the 48-hour period of time in accordance with 49 C.F.R. §390.29.
5. (e) Preservation and destruction of records. All books and records generated by a motor carrier, except driver's time cards and logs, must be maintained for not less than two years at the motor carrier's principal business address. A motor carrier must maintain driver's time cards and logs for not less than six months at the carrier's principal business address.

Source Note:The provisions of this §218.32 adopted to be effective February 4, 2010, 35 TexReg 663.