Inspection, Repair, and Maintenance

TITLE 49--TRANSPORTATION

CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

PART 396--INSPECTION, REPAIR, AND MAINTENANCE
 
Sec. 396.1 Scope.

General--Every motor carrier, its officers, drivers, agents,
representatives, and employees directly concerned with the inspection or
maintenance of motor vehicles shall comply and be conversant with the
rules of this part.

Sec. 396.3 Inspection, repair, and maintenance.

(a) General. Every motor carrier shall systematically inspect,
repair, and maintain, or cause to be systematically inspected, repaired,
and maintained, all motor vehicles subject to its control.

(1) Parts and accessories shall be in safe and proper operating
condition at all times. These include those specified in part 393 of
this subchapter and any additional parts and accessories which may
affect safety of operation, including but not limited to, frame and
frame assemblies, suspension systems, axles and attaching parts, wheels
and rims, and steering systems.

(2) Pushout windows, emergency doors, and emergency door marking
lights in buses shall be inspected at least every 90 days.
(b) Required records--For vehicles controlled for 30 consecutive
days or more, except for a private motor carrier of passengers
(nonbusiness), the motor carriers shall maintain, or cause to be
maintained, the following record for each vehicle:

(1) An identification of the vehicle including company number, if so
marked, make, serial number, year, and tire size. In addition, if the
motor vehicle is not owned by the motor carrier, the record shall
identify the name of the person furnishing the vehicle;

(2) A means to indicate the nature and due date of the various
inspection and maintenance operations to be performed;

(3) A record of inspection, repairs, and maintenance indicating
their date and nature; and

(4) A record of tests conducted on pushout windows, emergency doors,
and emergency door marking lights on buses.

(c) Record retention. The records required by this section shall be
retained where the vehicle is either housed or maintained for a period
of 1 year and for 6 months after the motor vehicle leaves the motor
carrier's control.

Sec. 396.5 Lubrication.

Every motor carrier shall ensure that each motor vehicle subject to
its control is--

(a) Properly lubricated; and

(b) Free of oil and grease leaks.

Sec. 396.7 Unsafe operations forbidden.

(a) General. A motor vehicle shall not be operated in such a
condition as to likely cause an accident or a breakdown of the vehicle.

(b) Exemption. Any motor vehicle discovered to be in an unsafe
condition while being operated on the highway may be continued in
operation only to the nearest place where repairs can safely be
effected. Such operation shall be conducted only if it is less hazardous
to the public than to permit the vehicle to remain on the highway.

Sec. 396.9 Inspection of motor vehicles in operation.

(a) Personnel authorized to perform inspections. Every special agent
of the FMCSA (as defined in appendix B to this subchapter) is authorized
to enter upon and perform inspections of motor carrier's vehicles in
operation.

(b) Prescribed inspection report. The Driver Vehicle Examination
Report shall be used to record results of motor vehicle inspections
conducted by authorized FMCSA personnel.

(c) Motor vehicles declared ``out of service.'' (1) Authorized
personnel shall declare and mark ``out of service'' any motor vehicle
which by reason of its mechanical condition or loading would likely
cause an accident or a breakdown. An ``Out of Service Vehicle'' sticker
shall be used to mark vehicles ``out of service.''

(2) No motor carrier shall require or permit any person to operate
nor shall any person operate any motor vehicle declared and marked ``out
of service'' until all repairs required by the ``out of service notice''
have been satisfactorily completed. The term ``operate'' as used in this
section shall include towing the vehicle, except that vehicles marked
``out of service'' may be towed away by means of a vehicle using a crane
or hoist. A vehicle combination consisting of an emergency towing
vehicle and an ``out of service'' vehicle shall not be operated unless
such combination meets the performance requirements of this subchapter
except for those conditions noted on the Vehicle Examination Report.

(3) No person shall remove the ``Out of Service Vehicle'' sticker
from any motor vehicle prior to completion of all repairs required by
the ``out of service notice''.

(d) Motor carrier disposition. (1) The driver of any motor vehicle
receiving an inspection report shall deliver it to the motor carrier
operating the vehicle upon his/her arrival at the next terminal or
facility. If the driver is not scheduled to arrive at a terminal or
facility of the motor carrier operating the vehicle within 24 hours, the
driver shall immediately mail the report to the motor carrier.

(2) Motor carriers shall examine the report. Violations or defects
noted thereon shall be corrected.

(3) Within 15 days following the date of the inspection, the motor
carrier shall--

(i) Certify that all violations noted have been corrected by
completing the ``Signature of Carrier Official, Title, and Date Signed''
portions of the form; and

(ii) Return the completed roadside inspection form to the issuing
agency at the address indicated on the form and retain a copy at the
motor carrier's principal place of business or where the vehicle is
housed for 12 months from the date of the inspection.

Sec. 396.11 Driver vehicle inspection report(s).

(a) Report required. Every motor carrier shall require its drivers
to report, and every driver shall prepare a report in writing at the
completion of each day's work on each vehicle operated and the report
shall cover at least the following parts and accessories:

--Service brakes including trailer brake connections
--Parking (hand) brake
--Steering mechanism
--Lighting devices and reflectors
--Tires
--Horn
--Windshield wipers
--Rear vision mirrors
--Coupling devices
--Wheels and rims
--Emergency equipment

(b) Report content. The report shall identify the vehicle and list
any defect or deficiency discovered by or reported to the driver which
would affect the safety of operation of the vehicle or result in its
mechanical breakdown. If no defect or deficiency is discovered by or
reported to the driver, the report shall so indicate. In all instances,
the driver shall sign the report. On two-driver operations, only one
driver needs to sign the driver vehicle inspection report, provided both
drivers agree as to the defects or deficiencies identified. If a driver
operates more than one vehicle during the day, a report shall be
prepared for each vehicle operated.

(c) Corrective action. Prior to requiring or permitting a driver to
operate a vehicle, every motor carrier or its agent shall repair any
defect or deficiency listed on the driver vehicle inspection report
which would be likely to affect the safety of operation of the vehicle.

(1) Every motor carrier or its agent shall certify on the original
driver vehicle inspection report which lists any defect or deficiency
that the defect or deficiency has been repaired or that repair is
unnecessary before the vehicle is operated again.

(2) Every motor carrier shall maintain the original driver vehicle
inspection report, the certification of repairs, and the certification
of the driver's review for three months from the date the written report
was prepared.

(d) Exceptions. The rules in this section shall not apply to a
private motor carrier of passengers (nonbusiness), a driveaway-towaway
operation, or any motor carrier operating only one commercial motor
vehicle.

Sec. 396.13 Driver inspection.

Before driving a motor vehicle, the driver shall:

(a) Be satisfied that the motor vehicle is in safe operating condition;

(b) Review the last driver vehicle inspection report; and

(c) Sign the report, only if defects or deficiencies were noted by the driver who prepared the report, to acknowledge that the driver has reviewed it and that there is a certification that the required repairs have been performed. The signature requirement does not apply to listed defects on a towed unit which is no longer part of the vehicle combination.

Sec. 396.15 Driveaway-towaway operations and inspections.

(a) General. Effective December 7, 1989, every motor carrier, with
respect to motor vehicles engaged in driveaway-towaway operations, shall
comply with the requirements of this part. Exception: Maintenance
records required by Sec. 396.3, the vehicle inspection report required
by Sec. 396.11, and the periodic inspection required by Sec. 396.17 of
this part shall not be required for any vehicle which is part of the
shipment being delivered.

(b) Pre-trip inspection. Before the beginning of any driveaway-
towaway operation of motor vehicles in combination, the motor carrier
shall make a careful inspection and test to ascertain that:

(1) The towbar or saddle-mount connections are properly secured to
the towed and towing vehicle;

(2) They function adequately without cramping or binding of any of
the parts; and

(3) The towed motor vehicle follows substantially in the path of the
towing vehicle without whipping or swerving.

(c) Post-trip inspection. Motor carriers shall maintain practices to
ensure that following completion of any trip in driveaway-towaway
operation of motor vehicles in combination, and before they are used
again, the towbars and saddle-mounts are disassembled and inspected for
worn, bent, cracked, broken, or missing parts. Before reuse, suitable
repair or replacement shall be made of any defective parts and the
devices shall be properly reassembled.

Sec. 396.17 Periodic inspection.

(a) Every commercial motor vehicle shall be inspected as required by
this section. The inspection shall include, at a minimum, the parts and
accessories set forth in appendix G of this subchapter.

Note: The term commercial motor vehicle includes each vehicle in a
combination vehicle. For example, for a tractor semitrailer, fulltrailer
combination, the tractor, semitrailer, and the fulltrailer (including
the converter dolly if so equipped) shall each be inspected.

(b) Except as provided in Sec. 396.23, a motor carrier shall inspect
or cause to be inspected all motor vehicles subject to its control.

(c) A motor carrier shall not use a commercial motor vehicle unless
each component identified in appendix G has passed an inspection in
accordance with the terms of this section at least once during the
preceding 12 months and documentation of such inspection is on the
vehicle. The documentation may be:

(1) The inspection report prepared in accordance with paragraph
396.21(a), or

(2) Other forms of documentation, based on the inspection report
(e.g., sticker or decal), which contains the following information:

(i) The date of inspection;

(ii) Name and address of the motor carrier or other entity where the
inspection report is maintained;

(iii) Information uniquely identifying the vehicle inspected if not
clearly marked on the motor vehicle; and

(iv) A certification that the vehicle has passed an inspection in
accordance with Sec. 396.17.

(d) A motor carrier may perform the required annual inspection for
vehicles under the carrier's control which are not subject to an
inspection under Sec. 396.23(b)(1).

(e) In lieu of the self inspection provided for in paragraph (d) of
this section, a motor carrier may choose to have a commercial garage,
fleet leasing company, truck stop, or other similar commercial business
perform the inspection as its agent, provided that business operates and
maintains facilities appropriate for commercial vehicle inspections and
it employs qualified inspectors, as required by Sec. 396.19.

(f) Vehicles passing roadside or periodic inspections performed
under the auspices of any State government or equivalent jurisdiction or
the FMCSA, meeting the minimum standards contained in appendix G of this
subchapter, will be considered to have met the requirements of an annual
inspection for a period of 12 months commencing from the last day of the
month in which the inspection was performed, except as provided in
Sec. 396.23(b)(1).

(g) It shall be the responsibility of the motor carrier to ensure
that all parts and accessories not meeting the minimum standards set
forth in appendix G to this subchapter are repaired promptly.

(h) Failure to perform properly the annual inspection set forth in
this section shall cause the motor carrier to be subject to the penalty
provisions provided by 49 U.S.C. 521(b).

Sec. 396.19 Inspector qualifications.

(a) It shall be the motor carrier's responsibility to ensure that
the individual(s) performing an annual inspection under Sec. 396.17 (d)
or (e) is qualified as follows:

(1) Understands the inspection criteria set forth in 49 CFR part 393
and appendix G of this subchapter and can identify defective components;

(2) Is knowledgeable of and has mastered the methods, procedures,
tools and equipment used when performing an inspection; and

(3) Is capable of performing an inspection by reason of experience,
training, or both as follows:

(i) Successfully completed a State or Federal-sponsored training
program or has a certificate from a State or Canadian Province which
qualifies the person to perform commercial motor vehicle safety
inspections, or

(ii) Have a combination of training and/or experience totaling at
least 1 year. Such training and/or experience may consist of:

(A) Participation in a truck manufacturer-sponsored training program
or similar commercial training program designed to train students in
truck operation and maintenance;

(B) Experience as a mechanic or inspector in a motor carrier
maintenance program;

(C) Experience as a mechanic or inspector in truck maintenance at a
commercial garage, fleet leasing company, or similar facility; or

(D) Experience as a commercial vehicle inspector for a State,
Provincial or Federal Government.

(b) Evidence of that individual's qualifications under this section
shall be retained by the motor carrier for the period during which that
individual is performing annual motor vehicle inpspections for the motor
carrier, and for one year thereafter. However, motor carriers do not
have to maintain documentation of inspector qualifications for those
inspections performed either as part of a State periodic inspection
program or at the roadside as part of a random roadside inspection
program.

Sec. 396.21 Periodic inspection recordkeeping requirements.

(a) The qualified inspector performing the inspection shall prepare
a report which:

(1) Identifies the individual performing the inspection;

(2) Identifies the motor carrier operating the vehicle;

(3) Identifies the date of the inspection;

(4) Identifies the vehicle inspected;

(5) Identifies the vehicle components inspected and describes the
results of the inspection, including the identification of those
components not meeting the minimum standards set forth in appendix G to
this subchapter; and

(6) Certifies the accuracy and completeness of the inspection as
complying with all the requirements of this section.

(b)(1) The original or a copy of the inspection report shall be
retained by the motor carrier or other entity who is responsible for the
inspection for a period of fourteen months from the date of the
inspection report. The original or a copy of the inspection report shall
be retained where the vehicle is either housed or maintained.

(2) The original or a copy of the inspection report shall be
available for inspection upon demand of an authorized Federal, State or
local official.

(3) Exception. Where the motor carrier operating the commercial
motor vehicles did not perform the commercial motor vehicle's last
annual inspection, the motor carrier shall be responsible for obtaining
the original or a copy of the last annual inspection report upon demand
of an authorized Federal, State, or local official.

Sec. 396.23 Equivalent to periodic inspection.

(a) The motor carrier may meet the requirements of Sec. 396.17
through a State or other jurisdiction's roadside inspection program. The
inspection must have been performed during the preceding 12 months. In
using the roadside inspection, the motor carrier would need to retain a
copy of an annual inspection report showing that the inspection was
performed in accordance with the minimum periodic inspection standards
set forth in appendix G to this subchapter. When accepting such an
inspection report, the motor carrier must ensure that the report
complies with the requirements of Sec. 396.21(a).

(b)(1) If a commercial motor vehicle is subject to a mandatory State
inspection program which is determined by the Administrator to be as
effective as Sec. 396.17, the motor carrier shall meet the requirement
of Sec. 396.17 through that State's inspection program. Commercial motor
vehicle inspections may be conducted by State personnel, at State
authorized commercial facilities, or by the motor carrier under the
auspices of a State authorized self-inspection program.

(2) Should the FMCSA determine that a State inspection program, in
whole or in part, is not as effective as Sec. 396.17, the motor carrier
must ensure that the periodic inspection required by Sec. 396.17 is
performed on all commercial motor vehicles under its control in a manner
specified in Sec. 396.17.

Sec. 396.25 Qualifications of brake inspectors.

(a) The motor carrier shall ensure that all inspections,
maintenance, repairs or service to the brakes of its
commercial motor vehicles, are performed in compliance with the
requirements of this section.

(b) For purposes of this section, brake inspector means any employee
of a motor carrier who is responsible for ensuring all brake
inspections, maintenance, service, or repairs to any commercial motor
vehicle, subject to the motor carrier's control, meet the applicable
Federal standards.

(c) No motor carrier shall require or permit any employee who does
not meet the minimum brake inspector qualifications of Sec. 396.25(d) to
be responsible for the inspection, maintenance, service or repairs of
any brakes on its commercial motor vehicles.

(d) The motor carrier shall ensure that each brake inspector is
qualified as follows:

(1) Understands the brake service or inspection task to be
accomplished and can perform that task; and

(2) Is knowledgeable of and has mastered the methods, procedures,
tools and equipment used when performing an assigned brake service or
inspection task; and

(3) Is capable of performing the assigned brake service or
inspection by reason of experience, training or both as follows:

(i) Has successfully completed an apprenticeship program sponsored
by a State, a Canadian Province, a Federal agency or a labor union, or a
training program approved by a State, Provincial or Federal agency, or
has a certificate from a State or Canadian Province which qualifies the
person to perform the assigned brake service or inspection task
(including passage of Commercial Driver's License air brake tests in the
case of a brake inspection); or

(ii) Has brake-related training or experience or a combination
thereof totaling at least one year. Such training or experience may
consist of:

(A) Participation in a training program sponsored by a brake or
vehicle manufacturer or similar commercial training program designed to
train students in brake maintenance or inspection similar to the
assigned brake service or inspection tasks; or

(B) Experience performing brake maintenance or inspection similar to
the assigned brake service or inspection task in a motor carrier
maintenance program; or

(C) Experience performing brake maintenance or inspection similar to
the assigned brake service or inspection task at a commercial garage,
fleet leasing company, or similar facility.

(e) No motor carrier shall employ any person as a brake inspector
unless the evidence of the inspector's qualifications, required under
this section is maintained by the motor carrier at its principal place
of business, or at the location at which the brake inspector is
employed. The evidence must be maintained for the period during which
the brake inspector is employed in that capacity and for one year
thereafter. However, motor carriers do not have to maintain evidence of
qualifications to inspect air brake systems for such inspections
performed by persons who have passed the air brake knowledge and skills
test for a Commercial Driver's License.

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