[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR396.17]

[Page 1233-1234]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 396_INSPECTION, REPAIR, AND MAINTENANCE--Table of Contents
 
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,

[[Page 1234]]

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).

[53 FR 49410, Dec. 7, 1988; 53 FR 49968, Dec. 12, 1988, as amended at 54 
FR 50725, Dec. 8, 1989]