Motor carrier and driver responsibilities

Scope

These requirements apply to motor carriers and drivers operating intermodal equipment.

Regulatory citations

• 49 CFR 390.42 — What are the responsibilities of drivers and motor carriers operating intermodal equipment?

Key definitions

• Driver vehicle inspection report (DVIR): A written vehicle inspection report that is prepared and signed by the driver of a commercial motor vehicle at the completion of each day’s work on each vehicle operated when defects or deficiencies are discovered by or reported to the driver.

• 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 who interchanges intermodal equipment with a motor carrier according to a written agreement or has contractual responsibility for the maintenance of the intermodal equipment.

Summary of requirements

Pre-trip inspections. Before operating intermodal equipment over the road, the driver accepting the equipment must inspect the following parts and accessories and be satisfied they are in good working order:

• Service brake components that can be easily seen when performing a thorough visual inspection without physically going under the vehicle, and trailer brake connections;
• Lighting devices, lamps, markers, and conspicuity marking material;
• Wheels, rims, lugs, 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.

Note that the intermodal equipment provider must give the driver enough space to perform the inspection and must repair or replace defective equipment before the driver leaves. There is no explicit documentation requirement for the pre-trip inspection.

Post-trip report. A driver or motor carrier transporting intermodal equipment must report to the intermodal equipment provider (or its designated agent) any known damage, defects, or deficiencies in the intermodal equipment at the time the equipment is returned to the provider (or agent). No report is required if there is no damage to report.

The report must include (at a minimum) the following parts and accessories:

• King pin upper coupling device;
• Rails or support frames;
• Tie down bolsters;
• Locking pins, clevises, clamps, or hooks;
• Sliders or sliding frame lock;
• Wheels, rims, lugs, tires;
• Lighting devices, lamps, markers, and conspicuity marking material;
• Air line connections, hoses, and couplers; and
• Brakes.

Annual and brake inspections. Motor carriers and drivers are prohibited from:

• Using 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.
• Requiring or allowing 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.

Roadside inspections. Drivers who receive an inspection report for intermodal equipment must provide a copy to both the motor carrier and the IEP upon arrival at the next terminal or facility or must transmit the report within 24 hours, whichever occurs first. The motor carrier must return the completed form within 15 days of the inspection.