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Definition of a Reportable Accident 390

Definition of a Reportable Accident 390

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Published by: ronscofield on Jun 15, 2007
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01/01/2013

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Definition of a reportable accident 390.5
Accident
means—
(1) Except as provided in paragraph (2) of this definition, an occurrence involving acommercial motor vehicle operating on a highway in interstate or intrastate commercewhich results in:
(
i
) A fatality;(ii) Bodily injury to a person who, as a result of the injury, immediately receivesmedical treatment away from the scene of the accident; or (iii) One or more motor vehicles incurring disabling damage as a result of theaccident,
requiring
the motor vehicles to be transported away from the scene bya tow truck or other motor vehicle.(2) The term accident does not include:(
i
) An occurrence involving only boarding and alighting from a stationary motor vehicle; or (ii) An occurrence involving only the loading or unloading of cargo
 
Fatal accident notification requirements
390.15 Assistance in investigations and special studies.
(a) A motor carrier must make all records and information pertaining to an accidentavailable to an authorized representative or special agent of the Federal Motor Carrier Safety Administration, an authorized State or local enforcement agency representative or authorized third party representative, upon request or as part of any investigation withinsuch time as the request or investigation may specify. A motor carrier shall give anauthorized representative all reasonable assistance in the investigation of any accidentincluding providing a full, true and correct response to any question of the inquiry.(b) For accidents that occur after April 29, 2003, motor carriers must maintain an accidentregister for three years after the date of each accident. For accidents that occurred on or  prior to April 29, 2003, motor carriers must maintain an accident register for a period of one year after the date of each accident. Information placed in the accident register mustcontain at least the following:(b)(1) A list of accidents as defined at
of this chapter containing for eachaccident:(b)(1)(i) Date of accident.(b)(1)(ii) City or town, or most near, where the accident occurred and the State where theaccident occurred.(b)(1)(iii) Driver Name.(b)(1)(iv) Number of injuries.(b)(1)(v) Number of fatalities.(b)(1)(vi) Whether hazardous materials, other than fuel spilled from the fuel tanks of motor vehicle involved in the accident, were released.(b)(2) Copies of all accident reports required by State or other governmental entities or insurers.(Approved by the Office of Management and Budget under control number 2126-0009)
[58 FR 6729, February 2, 1993, as amended at 60 FR 38744, July 28, 1995; 60FR 44441, Aug. 28, 1995; 66 FR 49873, Oct. 1, 2001; 69 FR 16684 March 30,2004]

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