Intermodal equipment provider responsibilities

Scope

This requirement applies to a person or entity that provides intermodal equipment to a motor carrier.

Regulatory citations

• 49 CFR 390.40T — What responsibilities do intermodal equipment providers have under the Federal Motor Carrier Safety Regulations (49 CFR parts 350–399)?  

Key definitions

• Interchange: Providing intermodal equipment to a motor carrier according to an 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.

• Intermodal equipment: Trailing equipment (usually container chassis) that is used in the intermodal transportation of intermodal cargo containers over public highways.

• Intermodal equipment provider (IEP): Any person that interchanges intermodal equipment with a motor carrier according to a written agreement or has contractual responsibility for the maintenance of the intermodal equipment.

• Intermodal transportation: The use of more than one mode (for example rail and highway) to deliver a shipment.

Summary of requirements

An IEP must:

• File Form MCS-150C (§390.19T);
• Mark its intermodal equipment with a USDOT number before tendering the equipment to a motor carrier (§390.21T);
• Systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained all intermodal equipment intended for interchange with a motor carrier (§396.3(a)(1));
• Provide intermodal equipment intended for interchange that is in safe and proper operating condition;
• Maintain a system of driver vehicle inspection reports submitted to the intermodal equipment provider (§396.11);
• Maintain a system of inspection, repair, and maintenance records for equipment intended for interchange with a motor carrier (§396.3(b)(3));
• Periodically inspect equipment intended for interchange (§396.17); and
• Refrain from placing intermodal equipment in service on the public highways if that equipment has been found to pose an imminent hazard (§386.72(b)(3)).

At facilities at which the IEP makes intermodal equipment available for interchange, the IEP must:

• 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 (repairs or replacement must be made after being notified by a driver of such damage, defects, or deficiencies).