Row 16: Using a CMV not periodically inspected (49 CFR 396.17(a))
Row 16 fails a new carrier that uses commercial motor vehicles that have not had their periodic (annual) inspection. Like row 13, it needs a pattern: violations in 51% or more of the records examined.
What the rule says
Every CMV must be inspected as 49 CFR 396.17 requires, covering at least the parts and accessories in Appendix A to Part 396. "CMV" includes each vehicle in a combination: for a tractor, semitrailer and full trailer, the tractor, the semitrailer and the full trailer (and converter dolly) must each be inspected. A carrier may not use a CMV unless each component has passed an inspection at least once in the preceding 12 months and documentation of it is on the vehicle.
The 51% threshold
The 385.321 table says this violation requires a threshold of 51% or more of examined records to trigger automatic failure (49 CFR 385.321). A carrier with two tractors and three trailers, of which three units have no current inspection, is over the line. Trailers are the usual blind spot.
Proof on the vehicle
The documentation may be the inspection report itself or a sticker or decal based on it that shows the inspection date, the name and address of the carrier or other entity where the report is kept, information identifying the vehicle if not clearly marked, and a certification that it passed a 396.17 inspection (49 CFR 396.17 (c)). Vehicles passing a State periodic inspection program that meets Appendix A are treated as meeting the annual requirement for 12 months from the end of the month inspected (49 CFR 396.17 (f)).
Who may inspect
A carrier may do the inspection itself or use a commercial garage, leasing company, truck stop or similar business as its agent, but the inspector must be qualified: understand the Part 393 and Appendix A criteria and have passed a federal or State training program or certificate, or have at least 1 year of qualifying training or experience. The carrier keeps evidence of the inspector's qualifications while the person does inspections and for 1 year after, except for State program inspections (49 CFR 396.19).
Records
The inspector prepares a report identifying the inspector, carrier, date, vehicle, components inspected and results, with a certification. The original or a copy must be kept for 14 months where the vehicle is housed or maintained and produced on demand (49 CFR 396.21). For a leased trailer you didn't inspect, you're responsible for obtaining the last report on demand.
How to fix it
- List every power unit and trailer you use, including interchanged or leased trailers.
- Get any unit without a current inspection inspected before its next use.
- Put the decal or report on each unit, and file the report in its maintenance file for 14 months.
- Calendar each unit's due date 11 months after its last inspection.
If an auditor finds this violation, the audit fails. FMCSA then has up to 45 days to send written notice, and you get 60 days from the notice date to fix the problem and prove it (45 days for certain passenger and hazmat carriers) before your new entrant registration is revoked (49 CFR 385.319, 49 CFR 385.325). The overview explains the timeline.