Legality of Digital Permit Book for FMCSA and Compliance Solutions

§ 390.32 Electronic documents and signatures.

(a) Applicability. This section applies todocuments that entities or individuals are required to retain, regardless ofwhether FMCSA subsequently requires them to be produced or displayed to FMCSAstaff or other parties entitled to access. This section does not apply todocuments that must be submitted directly to FMCSA.

(b) Electronic records or documents. Any person or entity required to generate, maintain, or exchange documents to satisfy requirements in chapter III of subtitle B of title 49, Code of Federal Regulations (49CFR 300–399) may use electronic methods to satisfy those requirements.

(c) Electronic signatures.

(1) Any person or entity required to sign or certify a document to satisfy the requirements of chapter III of subtitle B of title49, Code of Federal Regulations (49 CFR parts 300–399) may use an electronic signature, as defined in §390.5T of this part.

(2) An electronic signature may be made using anyavailable technology that otherwise satisfies FMCSA's requirements.

(d) Requirements. Any person or entity may use documents signed, certified, generated, maintained, or exchanged using electronic methods if the documents accurately reflect the information otherwise required to be contained in them. Records, documents or signatures generated, maintained, or exchanged using electronic methods do not satisfy the requirements of this section if they are not capable of being retained, are not used for the purpose for which they were created, or cannot be accurately reproduced within required timeframes for reference by any party entitled to access. Records or documents generated electronically do not satisfy the requirements of this section if they do not include proof of consent to use electronically generated records or documents, as required by 15 U.S.C. 7001(c).

[83 FR 16226, Apr.16, 2018]

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