[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: 49CFR396.23]



[Page 468]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 396_INSPECTION, REPAIR, AND MAINTENANCE--Table of Contents

 

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.



[53 FR 49410, Dec. 7, 1988; 53 FR 49968, Dec. 12, 1988, as amended at 60 

FR 38749, July 28, 1995]