[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR396.17]



[Page 466-467]

 

                        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.



[[Page 467]]



    (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).



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

FR 50725, Dec. 8, 1989]