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Proposed tune-up for inspection report requirements

CVSA petitions FMCSA for regulatory change

Posted April 19, 2024

The Commercial Vehicle Safety Alliance (CVSA) recently petitioned the Federal Motor Carrier Safety Administration (FMCSA) to amend inspection-report requirements for motor carriers and intermodal equipment providers.

The current regulation

Under the current regulations in 49 CFR 396.9(d)(3), carriers must return roadside inspection reports to the issuing state agency within 15 days, certifying that all necessary repairs have been made. The issue with this, according to CVSA, is that the states are filing away the forms without taking actions that could actually improve safety.

CVSA feels that the requirement is an “unnecessary administrative burden on both the carrier and the state agencies,” and in response has petitioned for change.

The petition

CVSA is asking FMCSA to remove the requirement that motor carriers must return inspection reports to the agency listed on the form. In place of that requirement, CVSA proposes adding a statement to the rule saying that the issuing agency has the option to require carriers to return the form within 15 days of the inspection.

CVSA is not proposing any change to the requirement that carriers “retain a copy at the motor carrier's principal place of business, at the intermodal equipment provider's principal place of business, or where the vehicle is housed for 12 months from the date of the inspection.” CVSA acknowledges that while it has found that most jurisdictions do not use the signed forms in any way, this amendment still allows jurisdictions the flexibility to require carriers to return forms if the jurisdiction desires it.

CVSA is a nonprofit association of local, state, provincial, territorial, and federal commercial motor vehicle safety officials and industry representatives.

This article was written by Lucero Truszkowski of J. J. Keller & Associates, Inc.

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