Interpretation ID: nht81-2.40

DATE: 06/29/81

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Devlin Associates

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your April 28, 1981, letter asking for information relating to the agency's recordkeeping requirements.

I have enclosed copies of the agency's major recordkeeping regulations and portions of one statute that requires the retention of information. This information describes the types of records to be retained and the periods that retention is required. The agency has not specified the form or location for record retention, but it has stated that records must be readily retrievable when necessary. The agency has not imposed a penalty for accidental loss of records. I can see no instance in which a penalty would be imposed for such an accidental loss.

Finally, you ask for any recommendations that we might have with respect to record retention. We only suggest that records be maintained in an easily accessible manner so that they can be used effectively in removing dangerous vehicles or equipment from the highway. Other than this general recommendation, the actual recordkeeping techniques that a company should use would depend upon the size and sophistication of the company.

If you have any questions concerning any of the materials that I have provided you, you may contact Roger Tilton of my staff (202-426-9511).

ENCLS.

DEVLIN ASSOCIATES, INC.

April 28, 1981

Roger Tilton Office of the Chief Counsel NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

Dear Mr. Tilton:

RE: RECORDS RETENTION

We have been asked to identify "Records Retention" requirements for several clients. We have used the "GUIDE TO RECORD RETENTION REQUIREMENTS" as a starting point. However, we do require additional information. Please forward any additional information which will assist us to determine:

1. Specific records to be retained and retention periods.

2. Acceptable retention media (paper, film, microfiche, magnetic tape, etc.)--requirements for above (i.e., computer equipment and programs to read magnetic tape, etc.) 3. Location for retention of all data.

4. Penalty for loss (in particular, in case of fire, or accidental loss.)

5.. Recommendations

We will appreciate any assistance and information you can provide in this regard. Please address your response to my attention.

Judith I. Robey Executive Vice President