[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: 49CFR398.8]



[Page 492-493]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 398_TRANSPORTATION OF MIGRANT WORKERS--Table of Contents

 

Sec. 398.8  Administration inspection of motor vehicles in operation.



    (a) Administration personnel authorized to perform inspections. All 

persons designated as Special Agents of the Federal Motor Carrier Safety 

Administration, as detailed in appendix B of chapter III of this title, 

are authorized to enter upon and perform inspections of motor carrier's 

vehicles in operation.

    (b) Prescribed inspection report. Form MCS 63, Driver-Equipment 

Compliance Check, shall be used to record findings from motor vehicles 

selected for final inspection by authorized Administration employees.



[[Page 493]]



    (c) Motor vehicles declared ``out of service''. (1) Authorized 

Administration employees shall declare and mark ``out of service'' any 

motor vehicle which by reason of its mechanical condition or loading is 

so imminently hazardous to operate as to be likely to cause an accident 

or a breakdown. Form MCS 64, ``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'' on Form MCS 63 have been satisfactorily completed. The term 

operate as used in this section shall include towing the vehicle; 

provided, however, that vehicles marked ``out of service'' may be towed 

away by means of a vehicle using a crane or hoist; and provided further, 

that the vehicle combination consisting of the emergency towing vehicle 

and the ``out of service'' vehicle meets the performance requirements of 

Sec. 393.52.

    (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'' on Form MCS 63.

    (4) The person or persons completing the repairs required by the 

``out of service notice'' shall sign the ``Certification of Repairman'' 

in accordance with the terms prescribed on Form MCS 63, entering the 

name of his/her shop or garage and the date and time the required 

repairs were completed. If the driver completes the required repairs, 

he/she shall sign and complete the ``Certification of Repairman.''

    (d) Motor carrier's disposition of Form MCS 63. (1) Motor carriers 

shall carefully examine Forms MCS 63. Any and all violations or 

mechanical defects noted thereon shall be corrected. To the extent 

drivers are shown not to be in compliance with the Federal Motor Carrier 

Safety Regulations, appropriate corrective action shall be taken by the 

motor carrier.

    (2) Motor carriers shall complete the ``Motor Carrier Certification 

of Action Taken'' on Form MCS 63 in accordance with the terms prescribed 

thereon. Motor carriers shall return Forms MCS 63 to the address 

indicated upon Form MCS 63 within fifteen (15) days following the date 

of the vehicle inspection.



[33 FR 19765, Dec. 25, 1968, as amended at 40 FR 44557, Sept. 29, 1975]