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§396.17 — Periodic inspection (a) Every commercial motor vehicle must be inspected as required by this section. The inspection must include, at a minimum, the parts and accessories set forth in appendix A to this part. The term commercial motor vehicle includes each vehicle in a combination vehicle. For example, for a tractor semitrailer, full trailer combination, the tractor, semitrailer, and the full trailer (including the converter dolly if so equipped) must each be inspected. |
(b) Except as provided in §396.23 and this paragraph, motor carriers must inspect or cause to be inspected all motor vehicles subject to their control. Intermodal equipment providers must inspect or cause to be inspected intermodal equipment that is interchanged or intended for interchange to motor carriers in intermodal transportation. |
(c) A motor carrier must not use a commercial motor vehicle, and an intermodal equipment provider must not tender equipment to a motor carrier for interchange, unless each component identified in appendix A to this part has passed an inspection in accordance with the terms of this section at least once during the preceding 12 months and documentation of such inspection is on the vehicle. The documentation may be: (1) The inspection report prepared in accordance with §396.21(a), or |
(2) Other forms of documentation, based on the inspection report (e.g., sticker or decal), which contains the following information: (ii) Name and address of the motor carrier, intermodal equipment provider, or other entity where the inspection report is maintained; |
(iii) Information uniquely identifying the vehicle inspected if not clearly marked on the motor vehicle; and |
(iv) A certification that the vehicle has passed an inspection in accordance with §396.17. |
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(d) A motor carrier may perform the required annual inspection for vehicles under the carrier's control which are not subject to an inspection under §396.23(a)(1). An intermodal equipment provider may perform the required annual inspection for intermodal equipment interchanged or intended for interchange to motor carriers that are not subject to an inspection under §396.23(a)(1). |
(e) In lieu of the self-inspection provided for in paragraph (d) of this section, a motor carrier or intermodal equipment provider responsible for the inspection may choose to have a commercial garage, fleet leasing company, truck stop, or other similar commercial business perform the inspection as its agent, provided that business operates and maintains facilities appropriate for commercial vehicle inspections and it employs qualified inspectors, as required by §396.19. |
(f) Vehicles passing periodic inspections performed under the auspices of any State government or equivalent jurisdiction in the Canadian Provinces, the Yukon Territory, and Mexico, meeting the minimum standards contained in appendix A to this part, will be considered to have met the requirements of an annual inspection for a period of 12 months commencing from the last day of the month in which the inspection was performed. |
(g) It is the responsibility of the motor carrier or intermodal equipment provider to ensure that all parts and accessories on commercial motor vehicles intended for use in interstate commerce for which they are responsible are maintained at, or promptly repaired to, the minimum standards set forth in appendix A to this part. |
(h) Failure to perform properly the annual inspection required by this section shall cause the motor carrier or intermodal equipment provider to be subject to the penalty provisions of 49 U.S.C. 521(b). |
[73 FR 76825, Dec. 17, 2008, as amended at 81 FR 47732, July 22, 2016; 83 FR 22881, May 17, 2018] §396.17 — DOT Regulatory Guidance Question 1: Some of a motor carrier's vehicles are registered in a State with a mandated inspection program which has been determined to be as effective as the Federal periodic inspection program, but these vehicles are not used in that State. Is the motor carrier required to make sure the vehicles are inspected under that State's program in order to meet the Federal periodic inspection requirements? Guidance: If the State requires all vehicles registered in the State to be inspected through its mandatory program, then the motor carrier must use the State program to satisfy the Federal requirements. If, however, the State inspection program includes an exception or exemption for vehicles which are registered in the State but domiciled outside of the State, then the motor carrier may meet the Federal requirements through a self-inspection, a third party inspection, or a periodic inspection performed in any State with a program that the Federal Motor Carrier Administration (FMCSA) determines is comparable to, or as effective as, the part 396 requirements.
Question 2: May the due date for the next inspection satisfy the requirements for the inspection date on the sticker or decal? Guidance: No. The rule requires that the date of the inspection be included on the report and sticker or decal. This date may consist of a month and a year.
Question 3: Must each vehicle in a combination carry separate periodic inspection documentation? Guidance: Yes, unless a single document clearly identifies all of the vehicles in the Commercial Motor Vehicle (CMV) combination.
Question 4: Does the sticker have to be located in a specific location on the vehicle? Guidance: No. The rule does not specify where the sticker, decal or other form of documentation must be located. It is the responsibility of the driver to produce the documentation when requested. Therefore, the driver must know the location of the sticker and ensure that all information on it is legible and current. The driver must also be able to produce the inspection report if that form of documentation is used.
Question 5: Is new equipment required to pass a periodic inspection under §396.17? Guidance: Yes, but a dealer who meets the inspection requirements may provide the documentation for the initial periodic inspection.
Question 6: Are the Federal periodic inspection requirements applicable to U.S. Government trailers operated by motor carriers engaged in interstate commerce? Guidance: Yes. The transportation is not performed by a governmental entity but by a for-hire carrier in interstate commerce.
Question 7: Does a CMV equipped with tires marked "Not for Highway Use" meet the periodic inspection requirements? Guidance: No. Appendix G to subchapter B — Minimum Periodic Inspection Standards, lists tires so labeled as a defect or deficiency which would prevent a vehicle from passing an inspection.
Question 8: Is a Commercial Motor Vehicle (CMV) subject to a road side inspection by State or Federal inspectors if it displays a periodic inspection decal or other evidence of a periodic inspection being conducted in the past 12 months? Guidance: Yes. Evidence of a valid periodic inspection only precludes a citation for a violation of §396.17.
Question 9: Is a State required to accept the periodic inspection program of another State having a periodic inspection program meeting minimum Federal Highway Administration (FHWA) standards as contained in appendix G to the Federal Motor Carrier Safety Regulations (FMCSRs)? Guidance: Yes. Section 210 of the Motor Carrier Safety Act of 1984 (MCSA) (49 U.S.C. 31142) establishes the principle that State inspections meeting federally approved criteria must be recognized by every other State.
Question 10: Do vehicles inspected under a periodic Canadian inspection program comply with the Federal Highway Administration (FHWA) periodic inspection standards? Guidance: Yes. The Federal Highway Administration (FHWA) has determined that the inspection programs of all of the Canadian Provinces meet or exceed the Federal requirements for a periodic inspection program.
Question 11: Must a specific form be used to record the periodic inspection mandated by §396.17? Guidance: No. Section 396.21 does not designate any particular form, decal, or sticker, but does specify the information which must be shown on these documents.
Question 12: May an inspector certify a Commercial Motor Vehicle (CMV) as meeting the periodic inspection standards of §396.17 if he/she cannot see all components required to be inspected under appendix G? Guidance: No. The affixing of a decal or sticker or preparation of a report as proof of inspection indicates compliance with all requirements of appendix G to part 396.
Question 13: If an inter modal container is attached to a chassis at the time of a periodic inspection, must the container also be inspected to comply with §396.17 inspection requirements? Guidance: Yes. Safe loading is one of the inspection areas covered under appendix G. If the chassis is loaded at the time of inspection, the method of securement of the container to the chassis must be included in the inspection. Although integral securement devices such as twist locks are not listed in appendix G, the operation of these devices must be included in the inspection without removal of the container.
Question 14: Is it acceptable for the proof of periodic inspection to be written in Spanish? Guidance: Yes. There is no requirement under §396.17, or appendix G to subchapter B that the proof of periodic inspection be written in English.
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