- Federal law requires all motor carriers to systematically inspect, repair and maintain, or cause to be systematically inspected, repaired and maintained, all motor vehicles subject to their control.
- Federal law requires all motor vehicle parts and accessories must be in safe and proper condition at all times.
- Federal law requires pushout windows, emergency doors and emergency door marking lights be inspected at least every 90 days.
- Federal law requires all commercial vehicles be inspected and certified at least once a year.
The Federal Motor Carrier Safety Administration (FMCSA) requires a motor carrier that controls a vehicle for 30 consecutive days or more (except for a non-business private motor carrier of passengers), to maintain, or cause to be maintained, the following documents for each such vehicle:
- Vehicle identification, including the company number (if the vehicle has such a marking), make, serial number, year and tire size. For vehicles not owned by motor carriers of passengers, the document must identify the owner or lessor of the vehicle;
- A record of the nature and due date of inspections of and maintenance procedures for each vehicle;
- A record of the date and type of all inspections, repairs and maintenance; and
- A record of tests performed on pushout windows, emergency doors and emergency door marking lights on buses.
The States and Territories conduct roadside inspections of commercial motor vehicles. A driver who receives a roadside inspection report must deliver it the motor carrier employing him/her. Within 15 days after the inspection, the motor carrier must correct any violations, sign the report to certify the violations have been corrected, return it to the inspecting authority and maintain a copy for a year from the date of inspection.
The FMCSA requires commercial motor carrier drivers to conduct a post-trip inspection at the end of each driving day and complete a daily, written report. The report must contain an identification of the vehicle, and list any problems discovered by or reported to the driver that could compromise the safe operation of the vehicle or result in mechanical failure. These reports must be given to the driver’s employing motor carrier, and any defect or deficiency listed by the driver must be repaired immediately by the motor carrier, or the motor carrier must certify that immediate repair is unnecessary. Post-trip inspection reports must be kept by the motor carrier for at least three months. Any deficiencies or defects must be corrected before the motor carrier may permit or require a driver to resume operation of the vehicle.
The FMCSA requires annual inspections of commercial motor vehicles to include all items listed in the Minimum Periodic Inspection Standards, which are contained in the Federal Motor Carrier Safety Regulations. The list is contained in the following link: http://www.fmcsa.dot.gov/regulations/title49/ section/399.Appendix%20G%20to%20Subchapter%20B%20of%20Chapter%20III. There is no requirement that annual inspections be conducted by a third party. The motor carrier must retain the annual inspection report for at least 14 months after the report date.
Written by:
William J. “Will” Maiberger, Jr.
Watts Guerra LLP
4 Dominion Drive, Bldg 3, Suite 100
San Antonio, Texas 78257
Phone (210) 447-0500
Email wmaiberger@guerrallp.com
* This information is provided to supply information relating to truck and bus crashes, and should not be received as legal advice. Legal advice is only given to persons or entities with whom Watts Guerra LLP has established an attorney-client relationship. If you have a lawyer, you should consult with your own attorney, and rely upon his or her advice, rather than the information contained herein.
© Watts Guerra LLP 2015
