[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: 49CFR396.25]



[Page 468-469]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

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

 

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



[[Page 469]]



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.



[56 FR 491, Jan. 7, 1991]