(a) Every commercial motor vehicle shall be
inspected as required by this section. The inspection shall include, at a minimum,
the parts and accessories set forth in Appendix
G of this subchapter.
Note: The term commercial motor vehicle includes each vehicle in a
combination vehicle. For example, for a tractor semitrailer, fulltrailer
combination, the tractor, semitrailer, and the fulltrailer (including the
converter dolly if so equipped) shall each be inspected.
(b) Except as provided in §396.23, a motor carrier
shall inspect or cause to be inspected all motor vehicles subject to its
control.
(c) A motor carrier shall not use a commercial
motor vehicle unless each component identified in Appendix G 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:
(c)(1) The inspection report prepared in
accordance with paragraph §396.21(a), or
(c)(2) Other forms of documentation, based
on the inspection report (e.g., sticker or decal), which contains the following
information:
(c)(2)(i) The date of inspection;
(c)(2)(ii) Name and address of the motor
carrier or other entity where the inspection report is maintained;
(c)(2)(iii) Information uniquely
identifying the vehicle inspected if not clearly marked on the motor vehicle;
and
(c)(2)(iv) A certification that the
vehicle has passed an inspection in accordance with §396.17.
(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(b)(1).
(e) In lieu of the self inspection provided for
in paragraph (d)
of this section, a motor carrier 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 roadside or periodic
inspections performed under the auspices of any State government or equivalent
jurisdiction or the FMCSA, meeting the minimum standards contained in Appendix
G of this subchapter, 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, except as provided in §396.23(b)(1).
(g) It shall be the responsibility of the motor
carrier to ensure that all parts and accessories not meeting the minimum
standards set forth in Appendix G to this subchapter are repaired promptly.
(h) Failure to perform properly the annual
inspection set forth in this section shall cause the motor carrier to be
subject to the penalty provisions provided by 49 U.S.C.521(b).
[53 FR 49410, Dec. 7, 1988; 53 FR 49968, Dec. 12, 1988, as amended at 54 FR 50725, Dec. 8, 1989; 66 FR 49874, Oct. 1, 2001]