[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: 49CFR396.9]



[Page 464-465]

 

                        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.



[[Page 465]]



    (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''.

    (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]