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The Federal Motor Carrier Safety Regulations include daily, annual, and systematic inspection requirements for intermodal equipment.
Scope
Intermodal equipment is trailing equipment (usually container chassis) used in the commercial transportation of intermodal cargo containers over public highways.
Regulatory citations
- 49 CFR 390.40 — What responsibilities do intermodal equipment providers have under the Federal Motor Carrier Safety Regulations (49 CFR parts 350–399)?
- 49 CFR 390.42 — What are the responsibilities of drivers and motor carriers operating intermodal equipment?
- 49 CFR 392.7 — Equipment, inspection and use
- 49 CFR Part 396 — Inspection, repair, and maintenance
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
The inspection and maintenance requirements for intermodal equipment apply to both motor carriers and intermodal equipment providers, as follows.
Motor carriers and drivers
The intermodal equipment inspection requirements for motor carriers include the following:
Pre-trip inspection (390.42, 392.7) — Drivers preparing to transport intermodal equipment have to inspect the following components, and must be satisfied they are in good working order before the equipment is operated over the road (including at the time the equipment was accepted from the equipment provider):
- Service brake components that are readily visible to a driver performing as thorough a visual inspection as possible without physically going under the vehicle, and trailer brake connections;
- Lighting devices, lamps, markers, and conspicuity marking material;
- Wheels, rims, lugs, and tires;
- Air line connections, hoses, and couplers;
- King pin upper coupling device;
- Rails or support frames;
- Tie down bolsters;
- Locking pins, clevises, clamps, or hooks; and
- Sliders or sliding frame lock.
The intermodal equipment provider must provide the driver with sufficient space to inspect the equipment, and must repair any reported safety defects or replace the equipment prior to the driver’s departure. There is no explicit documentation requirement for the pre-trip inspection.
Driver inspection reports (390.42, 396.11, 396.12) — If a driver finds any defects or deficiencies in the intermodal equipment, it must be reported to the intermodal equipment provider or his/her agent at the time the equipment is returned. A report is not required if no defects or deficiencies were discovered. The report must cover at least the following parts and accessories:
- Brakes;
- Lighting devices, lamps, markers, and conspicuity marking material;
- Wheels, rims, lugs, and tires;
- Air line connections, hoses, and couplers;
- King pin upper coupling device;
- Rails or support frames;
- Tie down bolsters;
- Locking pins, clevises, clamps, or hooks; and
- Sliders or sliding frame lock.
The report must include all of the following:
- Name of motor carrier;
- Motor carrier’s USDOT number;
- The intermodal equipment provider’s USDOT number;
- The equipment’s unique ID number;
- Date and time the report was submitted;
- A list of all equipment damage, defects, or deficiencies that would affect the safety of operation of the intermodal equipment or result in its mechanical breakdown while transported on public roads; and
- The driver’s signature.
Annual inspections (396.17) — A motor carrier must not use intermodal equipment that has not passed an annual inspection under 396.17 during the preceding 12 months. Documentation of the inspection must be on the vehicle.
Brake inspections (396.25) — A motor carrier may not require or allow any employee who does not meet the minimum brake inspector qualifications of 396.25(d) to be responsible for the inspection, maintenance, service, or repairs of any brakes on intermodal equipment. Documentation of the employee’s qualifications must be maintained.
Intermodal equipment providers (IEPs)
The inspection requirements for intermodal equipment providers (IEPs) include the following (see also 390.40 for an overview of IEP requirements):
Systematic maintenance and recordkeeping (396.3) — Every IEP must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control.
IEPs must maintain (or cause to be maintained) inspection, repair, and maintenance records for each unit of intermodal equipment they tender or intend to tender to a motor carrier. These records must be kept for one year, or for six months after the equipment leaves the IEP’s control.
Pre-trip inspections (390.40, 396.12) — IEPs must make sufficient space available for drivers to perform a pre-trip inspection of tendered intermodal equipment, and must have procedures to repair any equipment damage, defects, or deficiencies identified as part of the pre-trip inspection, or replace the equipment, prior to the driver’s departure.
Driver inspection reports (396.12) — Each IEP must have a system for motor carriers and drivers to submit their daily inspection reports, as described above. IEPs or their agents must repair any reported damage, defects, or deficiencies that are likely to affect the safety of operation of the vehicle, before allowing a motor carrier to transport the piece of equipment.
The IEP or its agent must certify on the original driver’s report that the reported damage or defects have been repaired, or that repair is unnecessary, before the vehicle is operated again.
The reports (including the certification of repairs) must be kept for three months.
Annual inspections (396.17) — An IEP must not tender equipment to a motor carrier for interchange unless each component identified in Appendix A to Part 396 has passed an inspection at least once during the preceding 12 months and documentation of the inspection is on the vehicle. The documentation may be the inspection report prepared under 396.21(a) or other forms of documentation based on the inspection report (e.g., sticker or decal) which contains the following information:
- The date of inspection;
- Name and address where the inspection report is maintained;
- Information uniquely identifying the vehicle inspected if not clearly marked on the vehicle; and
- A certification that the vehicle has passed an inspection in accordance with 396.17.
The inspection report must be completed according to the requirements of 396.21 and must be kept for 14 months.
The individual performing the inspection must be qualified under 396.19. The inspection may be performed by the IEP or a qualified commercial garage, fleet leasing company, truck stop, or other similar commercial business.
Vehicles passing periodic inspections performed under the auspices of any state government or the FMCSA (meeting the minimum standards in Appendix A to Part 396) will be considered to have met the requirements of an annual inspection for 12 months beginning from the last day of the month in which the inspection was performed.
Brake inspections (396.25) — An IEP may not require or allow any employee who does not meet the minimum brake inspector qualifications of 396.25(d) to be responsible for the inspection, maintenance, service, or repairs of any brakes on its commercial motor vehicles. Documentation of the employee’s qualifications must be maintained.
Roadside inspections (396.9) — Intermodal equipment is subject to roadside inspections and can be placed “out of service” if it would likely cause an accident or breakdown. Equipment that has been placed out of service may not be operated until all required repairs have been made.
Drivers who receive an inspection report for intermodal equipment must provide a copy to both the motor carrier and the IEP upon his/her arrival at the next terminal or facility. If the driver is not scheduled to arrive at such a terminal or facility within 24 hours, the driver has to mail, fax, or otherwise transmit the report.
The motor carrier and IEP must return the completed form within 15 days of the inspection. Intermodal equipment repairs, for equipment placed out of service, must be documented in the maintenance records.