49 C.F.R. § 396.21

Periodic inspection recordkeeping requirements

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(a) The qualified inspector performing the inspection shall prepare a report that:

(1) Identifies the individual performing the inspection;

(2) Identifies the motor carrier operating the vehicle or intermodal equipment provider intending to interchange the vehicle to a motor carrier;

(3) Identifies the date of the inspection;

(4) Identifies the vehicle inspected;

(5) Identifies the vehicle components inspected and describes the results of the inspection, including the identification of those components not meeting the minimum standards set forth in appendix A to this part; and

(6) Certifies the accuracy and completeness of the inspection as complying with all the requirements of this section.

(b)(1) The original or a copy of the inspection report shall be retained by the motor carrier, intermodal equipment provider, or other entity that is responsible for the inspection for a period of fourteen months from the date of the inspection report. The original or a copy of the inspection report must be retained where the vehicle is either housed or maintained.

(2) The original or a copy of the inspection report must be available for inspection upon demand of an authorized Federal, State or local official.

(3) Exception. If the motor carrier operating the commercial motor vehicles did not perform the commercial motor vehicle's last annual inspection, or if an intermodal equipment provider did not itself perform the annual inspection on equipment intended for interchange to a motor carrier, the motor carrier or intermodal equipment provider is responsible for obtaining the original or a copy of the last annual inspection report upon demand of an authorized Federal, State, or local official.

[73 FR 76825, Dec. 17, 2008, as amended at 86 FR 57077, Oct. 14, 2021]
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2016–2023 · leading case: Greer v. Waste Connections of Tennessee, Inc.
Greer v. Waste Connections of Tennessee, Inc. (2023) tnwd · cites it 3× “) In it, the defendants stated that “Waste Connections is no longer in possession of either the originals or copies of the annual inspection reports required by 49 C.F.R. § 396.21 for the time period of 1/1/2016 and 9/22/2020.”
Douglas Melrose v. Ricky Warner (2016) michctapp “19 (annual inspector unqualified), 49 CFR 396.21 (violation of record keeping requirements), and 49 CFR 396.”
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