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§396.3 — Inspection, repair, and maintenance (a) General. Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control. (1) Parts and accessories shall be in safe and proper operating condition at all times. These include those specified in part 393 of this subchapter and any additional parts and accessories which may affect safety of operation, including but not limited to, frame and frame assemblies, suspension systems, axles and attaching parts, wheels and rims, and steering systems. |
(2) Pushout windows, emergency doors, and emergency door marking lights in buses shall be inspected at least every 90 days. |
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(b) Required records. Motor carriers, except for a private motor carrier of passengers (nonbusiness), must maintain, or cause to be maintained, records for each motor vehicle they control for 30 consecutive days. Intermodal equipment providers must maintain or cause to be maintained, records for each unit of intermodal equipment they tender or intend to tender to a motor carrier. These records must include: (1) An identification of the vehicle including company number, if so marked, make, serial number, year, and tire size. In addition, if the motor vehicle is not owned by the motor carrier, the record shall identify the name of the person furnishing the vehicle; |
(2) A means to indicate the nature and due date of the various inspection and maintenance operations to be performed; |
(3) A record of inspection, repairs, and maintenance indicating their date and nature; and |
(4) A record of tests conducted on pushout windows, emergency doors, and emergency door marking lights on buses. |
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(c) Record retention. The records required by this section shall be retained where the vehicle is either housed or maintained for a period of 1 year and for 6 months after the motor vehicle leaves the motor carrier's control. |
[44 FR 38526, July 2, 1979, as amended at 48 FR 55868, Dec. 16, 1983; 53 FR 18058, May 19, 1988; 59 FR 8753, Feb. 23, 1994; 59 FR 60324, Nov. 23, 1994; 73 FR 75824, Dec. 17, 2008] §396.3 — DOT Regulatory Guidance Question 1: What is meant by "systematic inspection, repair, and maintenance"? Guidance: Generally, systematic means a regular or scheduled program to keep vehicles in a safe operating condition. §396.3 does not specify inspection, maintenance, or repair intervals because such intervals are fleet specific and, in some instances, vehicle specific. The inspection, repair, and maintenance intervals are to be determined by the motor carrier. The requirements of §396.11, 396.13, and 396.17 are in addition to the systematic inspection, repair, and maintenance required by §396.3.
Question 2: 396.3(b)(4) refers to a record of tests. What tests are required of push-out windows and emergency door lamps on buses? Guidance: Generally, inspection of a push-out window would require pushing out the window. However, if the window may be destroyed by pushing out to test its proper functioning, a visual inspection may qualify as a test if the inspector can ascertain the proper functioning of the window without opening it. Checking to ensure that the rubber push-out molding is properly in place and has not deteriorated and that any handles or marking instructions have not been tampered with would meet the test requirement. Inspection of emergency door marking lights would require opening the door to test the lights.
Question 3: Who has the responsibility of inspecting and maintaining leased vehicles and their maintenance records? Guidance: The motor carrier must either inspect, repair, maintain, and keep suitable records for all vehicles subject to its control for30 consecutive days or more, or cause another party to perform such activities. The motor carrier is solely responsible for ensuring that the vehicles under its control are in safe operating condition and that defects have been corrected.
Question 4: Is computerized recordkeeping of CMV inspection and maintenance information permissible under §396.3 of the FMCSRs? Guidance: Yes, if the minimum inspection, repair, and maintenance records required are included in the computer information system and can be reproduced on demand.
Question 5: Where must vehicle inspection and maintenance records be retained if a vehicle is not housed or maintained at a single location? Guidance: The motor carrier may retain the records at a location of its choice. If the vehicle maintenance records are retained at a location apart from the vehicle, the motor carrier is not relieved of its responsibility for ensuring that the records are current and factual. In all cases, however, upon request of the FHWA the maintenance records must be made available within a reasonable period of time (2 working days).
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