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Interpretations to Part 396 — Inspection, repair, and maintenance
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. Section 396.19(b) requires the motor carrier to retain evidence satisfying the standards without specifying any particular form.