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Intermodal equipment is used to transport intermodal containers on the nation’s highways. Federal safety regulations require that steps be taken to ensure that intermodal equipment is safe.
Scope
Intermodal equipment providers, motor carriers, and drivers operating intermodal equipment must comply with certain safety regulations from the Federal Motor Carrier Safety Administration (FMCSA).
Key definitions
- Interchange: The act of providing intermodal equipment to a motor carrier pursuant to an intermodal equipment interchange agreement for the purpose of transporting the equipment for loading or unloading by any person or repositioning the equipment for the benefit of the equipment provider, but it does not include the leasing of equipment to a motor carrier for primary use in the motor carrier's freight hauling operations.
- Intermodal equipment: Trailing equipment that is used in the intermodal transportation of containers over public highways in interstate commerce, including trailers and chassis.
- Intermodal equipment interchange agreement: The Uniform Intermodal Interchange and Facilities Access Agreement (UIIFA) or any other written document executed by an intermodal equipment provider or its agent and a motor carrier or its agent, the primary purpose of which is to establish the responsibilities and liabilities of both parties with respect to the interchange of the intermodal equipment.
- Intermodal equipment provider (IEP): Any person that interchanges intermodal equipment with a motor carrier pursuant to a written interchange agreement or has a contractual responsibility for the maintenance of the intermodal equipment.
Summary of requirements
Intermodal equipment providers (IEPs) and motor carriers operating intermodal equipment (IME) must comply with certain safety regulations to ensure continual safety of the vehicles while operating on the highways. (Note that the containers themselves are considered cargo and are not regulated as intermodal equipment.)
IEP requirements
Each IEP must:
- Register with the FMCSA by filing Form MCS-150C;
- Mark each item of IME offered for transportation in interstate commerce with a U.S. DOT identification number using one of the five options listed in §390.21(g)(4);
- Establish a systematic inspection, repair, and maintenance program to assure the safe operating condition of IME, including annual inspections;
- Maintain documentation of its maintenance program, including driver vehicle inspection reports;
- Develop and provide a means to effectively respond to driver and motor carrier reports about IME mechanical defects and deficiencies;
- Have procedures in place, and provide sufficient space, for drivers to perform a pre-trip inspection of tendered intermodal equipment; and
- Develop and implement procedures to repair any equipment damage, defects, or deficiencies identified as part of a pre-trip inspection, or replace the equipment, prior to the driver's departure.
In particular, the following rules apply to IEPs:
- Part 385, Subpart F, Intermodal Equipment Providers;
- Part 386, Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials Proceedings;
- Part 390, Federal Motor Carrier Safety Regulations; General, except §390.15(b) concerning accident registers;
- Part 393, Parts and Accessories Necessary for Safe Operation; and
- Part 396, Inspection, Repair, and Maintenance.
An IEP may enter into agreements with others to perform inspection, repair, and maintenance on its behalf, but the IEP is ultimately responsible for all work performed.
The FMCSA reviews compliance with the rules by conducting “roadability reviews” on equipment providers. A roadability review is an on-site examination of the IEP's compliance with the applicable Federal Motor Carrier Safety Regulations. If an IEP is found to be in noncompliance, the FMCSA will cite the IEP for violations found and may impose civil penalties. Safety ratings, however, will not be assigned to IEPs.
Driver / motor carrier requirements
Drivers and motor carriers also have responsibilities:
- Before operating IME over the road, the driver accepting the equipment must inspect the equipment components listed in §392.7(b) and be satisfied that they are in good working order; and
- A driver or motor carrier transporting IME must report to the IEP (or its designated agent) any known damage, defects, or deficiencies in the IME at the time the equipment is returned to the IEP (or its designated agent). The report must include the items in §396.11(a)(2).
Refer to other intermodal-related ez Explanations for more details.