Federal Motor Carrier Safety Administration
Published on Federal Motor Carrier Safety Administration ()

Home > Regulations > Parts > 396 > § 396.25 > Regulations Section

Interpretations Browser

  • View All [1]
    • Company [2]
    • Driver [3]
    • Drug and Alcohol Testing [4]
    • HazMat [5]
    • Hours of Service [6]
    • Household Goods [7]
    • USDOT Number [8]
    • Vehicle [9]
    • Vehicle Marking [10]
    • § 396.3
      Inspection, repair, and maintenance.
    • § 396.9
      Inspection of motor vehicles and intermodal equipment in operation.
    • § 396.11
      Driver vehicle inspection report(s).
    • § 396.13
      Driver inspection.
    • § 396.17
      Periodic inspection.
    • § 396.19
      Inspector qualifications.
    • § 396.21
      Periodic inspection recordkeeping requirements.
    • § 396.23
      Equivalent to periodic inspection.
    • § 396.25
      Qualifications of brake inspectors.

    Part 396

    Section § 396.25: Qualifications of brake inspectors.

    Below are the available interpretations for the given section. To return to the list of parts, use the Parts link above. The menu to the left provides a full list of sections that have interpretations. To view interpretations for a different section, click on the menu item.

    The regulations text of the section can be found on the eCFR website. To view the regulations text, use the link below. For assistance, please send an email to FMCSA.Webmaster@dot.gov.
    View regulations for Part 396 [11]

    [12] [12]
    printer friendly version [13]
    • Guidance Q&A [15]

    Question 1: Does a CDL with an airbrake endorsement qualify a person as a brake inspector under §396.25 [17]?

    Guidance: No.

    Question 2: May a driver who does not have the necessary experience perform the adjustment under directions issued by telephone by a qualified inspector?

    Guidance: Yes. A driver is permitted to perform brake adjustments at a roadside inspection providing they are done under the supervision of a qualified brake adjuster and the carrier is willing to assume responsibility for the proper adjustment.

    Question 3: May a driver or other motor carrier employee be qualified as a brake inspector under§396.25 [17] by way of experience or training to perform brake adjustments without being qualified to perform other brake-related tasks such as the repair or replacement of brake components?

    Guidance: Yes. A driver may be qualified by the motor carrier to perform a limited number of tasks in connection with the brake system, e.g., inspect and/or adjust the vehicle’s brakes, but not repair them.

    Question 4: Would a mechanic who is employed by a leasing company and only works on Commercial Motor Vehicle (CMV)s that the leasing company leases to other motor carriers be required to meet the brake inspector certification requirements?

    Guidance: No. The mechanic is not required to meet the certification requirements of §396.25(d) [17] since he/she is not employed by a motor carrier.


    • Contact Us
    • Careers
    • Email Subscriptions
    • Forms
    • Resources for Carriers
    • Resources for Consumers
    • Resources for Drivers
    • FOIA
    • Languages
    • DOT Transportation Library
    • Fastlane Blog
    • Copyright/Attribution Notice
    • FMCSA Portal
    • Privacy Policy
    • Accessibility
    • DOT Web Policies & Notices
    • BusinessUSA
    • Buy America
    • Civil Rights
    • No Fear Act Data
    • OIG Hotline
    • Open Government
    • Recovery Act
    • USA.gov
    • WhiteHouse.gov

    U.S. DEPARTMENT OF TRANSPORTATION

    Federal Motor Carrier Safety Administration

    1200 NEW JERSEY AVENUE, SE

    WASHINGTON, DC 20590

    855-368-4200


    Source URL: /regulations/title49/section/396.25

    Links
    [1] /regulations/title49/any/any/any/list?
    [2] /regulations/title49/any/any/any/list?filter=Company
    [3] /regulations/title49/any/any/any/list?filter=Driver
    [4] /regulations/title49/any/any/any/list?filter=Drug+and+Alcohol+Testing
    [5] /regulations/title49/any/any/any/list?filter=HazMat
    [6] /regulations/title49/any/any/any/list?filter=Hours+of+Service
    [7] /regulations/title49/any/any/any/list?filter=Household+Goods
    [8] /regulations/title49/any/any/any/list?filter=USDOT+Number
    [9] /regulations/title49/any/any/any/list?filter=Vehicle
    [10] /regulations/title49/any/any/any/list?filter=Vehicle+Marking
    [11] http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&ty=HTML&h=L&mc=true&=PART&n=pt49.5.396
    [12] /regulations/title49/part
    [13] /print/print/regulations/title49/section/396.25
    [14] /%3Fsection
    [15] /%3Fdisplay%3Dguidance
    [16] http://www.ecfr.gov/cgi-bin/text-idx?SID=227d434e56a1800454036b2533a05199&mc=true&node=se49.5.325_11&rgn=div8
    [17] /regulations/title49/section/396.25
    [18] http://www.gpo.gov/
    [19] http://ECFR.gpoaccess.gov