[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR396.23]

[Page 474]
 
                        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]