[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: 49CFR396.9]

[Page 1231-1232]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 396_INSPECTION, REPAIR, AND MAINTENANCE--Table of Contents
 
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 Driver Equipment Compliance 
Check.
    (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''.

[[Page 1232]]

    (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.

(49 U.S.C. 3102; 49 CFR 1.48(b))

[44 FR 38526, July 2, 1979, as amended at 49 FR 38290, Sept. 28, 1984; 
57 FR 40964, Sept. 8, 1992; 68 FR 56208, Sept. 30, 2003]