§396.19 — Inspector qualifications
(a) Motor carriers and intermodal equipment providers must ensure that individuals performing annual inspections under §396.17(d) or (e) are qualified as follows: (1) Understand the inspection criteria set forth in part 393 and appendix A to this part and can identify defective components; |
(2) Are knowledgeable of and have mastered the methods, procedures, tools and equipment used when performing an inspection; and |
(3) Are capable of performing an inspection by reason of experience, training, or both as follows: (i) Successfully completed a Federal-or State-sponsored training program or have a certificate from a State or Canadian Province that qualifies the individuals to perform commercial motor vehicle safety inspections, or |
(ii) Have a combination of training or experience totaling at least 1 year. Such training or experience may consist of: [A] Participation in a commercial motor vehicle manufacturer-sponsored training program or similar commercial training program designed to train students in commercial motor vehicle operation and maintenance; |
[B] Experience as a mechanic or inspector in a motor carrier or intermodal equipment maintenance program; |
[C] Experience as a mechanic or inspector in commercial motor vehicle maintenance at a commercial garage, fleet leasing company, or similar facility; or |
[D] Experience as a commercial motor vehicle inspector for a State, Provincial or Federal government. |
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(b) Motor carriers and intermodal equipment providers must retain evidence of that individual's qualifications under this section. They must retain this evidence for the period during which that individual is performing annual motor vehicle inspections for the motor carrier or intermodal equipment provider, and for one year thereafter. However, motor carriers and intermodal equipment providers do not have to maintain documentation of inspector qualifications for those inspections performed as part of a State periodic inspection program. |
[73 FR 76825, Dec. 17, 2008, as amended at 81 FR 47732, July 22, 2016]
§396.19 — DOT Regulatory Guidance
Question 1: May an entity other than a motor carrier maintain the evidence of inspector qualifications required by §396.19(b)? Guidance: Yes. In those cases in which the inspection is performed by a commercial garage or similar facility or a leasing company, the motor carrier may allow the commercial garage or leasing company to maintain a copy of the inspector's qualifications on behalf of the motor carrier. The motor carrier, however, is responsible for obtaining copies of evidence of the inspector's qualifications upon the request of Federal, State, or local officials. If, for whatever reason, the motor carrier is unable to obtain this information from the third party, the motor carrier may be cited for noncompliance with §396.19.
Question 2: Is there a specific form or format to be used in ensuring that inspectors are qualified in accordance with §396.19? Guidance: No. §396.19(b) requires the motor carrier to retain evidence satisfying the standards without specifying any particular form.