['CMV Parts and Maintenance']
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10/02/2024
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Federal regulations
Motor carriers, drivers, and vehicles must comply with Part 396 of the Federal Motor Carrier Safety Regulations (FMCSRs).
California has adopted Sec. 396.11 and Sec. 396.13 of the FMCSRs.
Applicability
The following types of trucks are subject to the daily inspection regulations in Sec. 396.11 and Sec. 396.13:
- Motortrucks of three or more axles which are more than 10,000 pounds gross vehicle weight rating (GVWR);
- Truck tractors;
- Any other motortruck not specified above that is regulated by the Department of Motor Vehicles, Public Utilities Commission, or United States Secretary of Transportation. This would include a vehicle or combination of vehicles at 10,001 pounds or more GVWR or gross vehicle weight (GVW);
- Trailers and semitrailers, pole or pipe dollies, auxiliary dollies, and logging dollies used in combination with vehicles listed above;
- Any combination of a motortruck and any vehicle or vehicles set forth above that exceeds 40 feet in length when coupled together;
- Any vehicle or combination of vehicles transporting hazardous materials;
- Manufactured homes and park trailers which, when moved on the highway are required to be moved under a specified permit;
- Any commercial motor vehicle with a GVWR of 26,001 pounds or more; and
- Any commercial motor vehicle of any GVWR towing any trailer, semitrailer, pole or pipe dolly, auxiliary dolly or logging dolly with a gross vehicle weight rating of more than 10,000 pounds.
Periodic inspections (90-day)
Motor carriers with the following types of trucks are subject to the California periodic (90-day) inspection regulations (sometimes referred to as a BIT-required inspection):
- Motortrucks of three or more axles which are more than 10,000 pounds gross vehicle weight rating (GVWR);
- Truck tractors;
- Any other motortruck not specified above that is regulated by the Department of Motor Vehicles, Public Utilities Commission, or United States Secretary of Transportation. This would include a vehicle or combination of vehicles at 10,001 pounds or more GVWR or gross vehicle weight (GVW);*
- Trailers and semitrailers, pole or pipe dollies, auxiliary dollies, and logging dollies used in combination with vehicles listed above;
- Any combination of a motortruck and trailers and semitrailers, pole or pipe dollies, auxiliary dollies, and logging dollies that exceeds 40 feet in length when coupled together;
- Any vehicle or combination of vehicles, transporting hazardous materials;
- Any commercial motor vehicle with a GVWR of 26,001 pounds or more; and
- Any commercial motor vehicle of any GVWR towing any trailer, semitrailer, pole or pipe dolly, auxiliary dolly or logging dolly with a gross vehicle weight rating of more than 10,000 pounds.
Exception — There is an exception to the inspection requirements for an agricultural vehicle as defined in Section 34500.6 of the California Vehicle Code. This exception remains in effect until January 1, 2026.
The regulation requires a vehicle inspection at least every 90 days on the following items: brake adjustment, brake system components and leaks, steering and suspension systems, tires and wheels, and vehicle connecting devices. Inspections must be documented and must include the signature of the carrier’s authorized representative attesting to the inspection and the completion of all required repairs. Inspection records must be maintained for 2 years.
The Federal Department of Transportation has determined that this mandatory inspection program is considered equivalent to the Federal annual inspection requirement in Part 396.
*As of January 1, 2025, vehicles with a GVWR of under 26,001 pounds (as specified in the third bullet above) will no longer be subject to California’s 90-day inspection program.
On and after January 1, 2025, vehicles that are no longer subject to the 90-day inspection requirement will be subject to the federal annual inspection requirements in Part 396 of the Federal Motor Carrier Safety Regulations (FMCSRs).
Terminal inspections (BIT)
Motor carriers with the following types of trucks are subject to the terminal inspection requirement administered and enforced by the California Highway Patrol (CHP):
- Motortrucks of three or more axles which are more than 10,000 pounds gross vehicle weight rating (GVWR);
- Truck tractors;
- Any other motortruck not specified above that is regulated by the Department of Motor Vehicles, Public Utilities Commission, or United States Secretary of Transportation. This would include a vehicle or combination of vehicles at 10,001 pounds or more GVWR or gross vehicle weight (GVW);
- Trailers and semitrailers, pole or pipe dollies, auxiliary dollies, and logging dollies used in combination with vehicles listed above;
- Any combination of a motortruck and trailers and semitrailers, pole or pipe dollies, auxiliary dollies, and logging dollies that exceeds 40 feet in length when coupled together;
- Any vehicle or combination of vehicles, transporting hazardous materials;
- Any commercial motor vehicle with a GVWR of 26,001 pounds or more; and
- Any commercial motor vehicle of any GVWR towing any trailer, semitrailer, pole or pipe dolly, auxiliary dolly or logging dolly with a gross vehicle weight rating of more than 10,000 pounds.
Under the Basic Inspection of Terminals (BIT) program, motor carrier terminals in California are selected for inspection based on safety-performance scores. These scores are based on Compliance Safety Accountability (CSA) Safety Measurement System (SMS) Behavior Analysis Safety Improvement Categories (BASIC) percentiles.
Carriers that have a BASIC percentile at or above the federal alert level are given priority for inspection. Also, carriers that have never been inspected by CHP and terminals from which hazardous materials are transported are given priority for inspection. Carriers that do not exceed the performance thresholds will not be inspected more than once every six years.
Records reviewed during an inspection include:
- Driver records (pull notice, hours of service, driver proficiency, employment application);
- Maintenance records (daily vehicle inspection reports, preventive maintenance inspection reports, documentation of inspection, maintenance, repair); and
- Hazardous materials records ((if applicable) training, cargo tank, shipping papers).
Roadside inspections
Safety inspections of all commercial vehicles, including those operating interstate, are conducted by the California Highway Patrol at 19 state-owned Inspection Facilities and 35 platform scales on major highways within the state. These critical-item inspections are conducted on vehicles selected at random to ensure compliance with state and federal laws relating to vehicles, drivers, and traffic safety. Safety decals issued by member states and provinces of the Commercial Vehicle Safety Alliance (CVSA) are honored at inspection locations. CVSA out-of-service guidelines are enforced.
In addition, random vehicle, load, and driver inspections may be carried out at the platform scales, as well as by the Mobile Road Enforcement Officers (MREs) where the need for such inspections may be deemed necessary. MREs are officers assigned to enforce commercial safety and traffic laws on a patrol basis rather than at fixed locations.
The Motor Carrier Safety Units of the Highway Patrol also carry out random terminal inspections to determine whether a motor carrier’s terminal(s) are in compliance with a variety of safety-related laws and regulations.
Proof of correction
Whenever any vehicle is found to be in unsafe mechanical condition or is not equipped as required, either a Notice to Appear (citation) or a Notice to Correct Violation (fix-it ticket) is issued, depending on the nature of the violation. In either case, the document must be cleared by proof of correction.
A Notice to Correct Violation may be cleared by any peace officer, but must still be sent by the recipient to the issuing California Highway Patrol office.
A Notice to Appear may be cleared in the same manner if so indicated by the document; except that a notice to appear must be sent to the court having jurisdiction for final disposition.
Preventive maintenance
Motor carriers are required to ensure that all vehicles subject to their control, and all required accessories on the vehicles, are regularly and systematically inspected, maintained, and lubricated to ensure they are in safe and proper operating condition.
Motor carriers must ensure that individuals performing inspections, maintenance, repairs, or service to the brakes or brake systems are qualified in accordance with Sec. 396.25 (published October 1, 2014).
Records
Every motor carrier shall institute and maintain a systematic inspection and maintenance record for each vehicle for the period during which the vehicle is subject to the carrier’s control. The records shall be retained for one year and include at least:
- Identification of the vehicle, including make, model, license number, or other means of positive identification.
- Date or mileage and nature of each inspection, maintenance, lubrication, and repair performed.
- Date or mileage and nature of each inspection, maintenance, and lubrication to be performed; i.e., the inspection, maintenance, and lubrication intervals.
- The name of the lessor or contractor furnishing any vehicle.
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