Roadside inspection

Scope

These requirements apply to commercial motor vehicles (CMVs) and intermodal equipment operated in interstate commerce.

Regulatory citations

• 49 CFR 396.9 — Inspection of motor vehicles and intermodal equipment in operation

Key definitions

• Commercial motor vehicle (CMV): A self-propelled or towed motor vehicle used on a highway, in interstate commerce, that meets any one of the following criteria:
  • Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight (GVW) or gross combination weight (GCW), of 10,001 pounds or more, whichever is greater; or
  • Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
  • Is designed or used to transport more than 15 passengers (including the driver), and not used to transport passengers for compensation; or
  • Is transporting hazardous materials of a type or quantity which requires placarding.

• Intermodal equipment: Trailing equipment (usually container chassis) that is used in the intermodal transportation of intermodal cargo containers over public highways.
• Intermodal equipment provider (IEP): Any person that interchanges intermodal equipment with a motor carrier according to a written agreement or has contractual responsibility for the maintenance of the intermodal equipment.

Summary of requirements

Authorized Federal Motor Carrier Safety Administration (FMCSA) officials perform inspections of CMVs and intermodal equipment on the highway, and in certain instances, at terminals. Motor vehicles or intermodal equipment likely to cause an accident or breakdown will be placed out of service.

States and provinces use the North American Uniform Out-of-Service Criteria, which was developed by the Commercial Vehicle Safety Alliance (CVSA). It identifies critical vehicle inspection items and provides criteria for placing a vehicle out of service.

Inspection report. When a driver receives an inspection report at a roadside inspection, the regulations state that:

• The driver must give the report to the motor carrier and intermodal equipment provider (IEP) (if applicable) upon arrival at the next terminal or facility. If the driver is not scheduled to arrive at a terminal or facility within 24 hours, the driver must immediately mail the report;
• The motor carrier and IEP (if applicable) must review the report and correct all defects noted; and
• The motor carrier and IEP (if applicable) must certify on the form that violations have been corrected and mail the completed form to the address shown. This must be done within 15 days following the date of the inspection.

Record retention. The motor carrier and/or IEP must keep a copy of the completed form at its principal place of business or where the vehicle is house for 12 months.

“Out-of-Service” sticker. Vehicles or intermodal equipment declared out of service must not be operated and will receive an “Out-of-Service Vehicle” sticker. The “Out-of-Service Vehicle” sticker must not be removed until all required repairs have been satisfactorily completed.

A motor carrier must neither require nor permit any person to operate, nor shall any person operate, any motor vehicle declared and marked out of service until all repairs required by the out-of-service notice have been satisfactorily completed.