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Motor carriers and intermodal equipment providers (IEPs) must make sure that all of their brake inspectors are qualified.
Scope
These requirements apply to employees who inspect, maintain, service, and/or repair brakes on commercial motor vehicles (CMVs) or intermodal equipment operated in interstate commerce.
Regulatory citations
- 49 CFR 396.25 — Qualifications of brake inspectors
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.
Summary of requirements
A motor carrier or IEP with employees who inspect, maintain, service, and/or repair brakes on commercial motor vehicles must ensure those employees are qualified.
No special license or “certification” is required, but the individual must:
- Understands the brake service or inspection task to be accomplished and be able to perform that task;
- Be knowledgeable of and have mastered the methods, procedures, tools, and equipment used when performing an assigned brake service or inspection task; and
- Have at least one year of experience, training, or both.
The experience/training requirement can be met in such ways as:
- Participating in a commercial or government-sponsored apprenticeship or training program; or
- Working as a brake technician or inspector for a motor carrier, IEP, commercial garage, fleet leasing company, or similar facility.
Drivers who do not have an air-brake restriction on their commercial driver’s license (CDL) are qualified to examine their vehicle’s air brakes, but are not qualified to perform brake adjustments or other brake-related tasks without having the training or experience required or being under direct supervision of someone who does.
Documentation. The motor carrier or IEP must have documentation showing that its brake inspectors/technicians are qualified. The documentation must be kept at its principal place of business or where the brake inspector is employed, and it must be kept until one year after the person stops working on brakes.