(a) General. Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control.
(1) Parts and accessories shall be in safe and proper operating condition at all times. These include those specified in part 393 of this subchapter and any additional parts and accessories which may affect safety of operation, including but not limited to, frame and frame assemblies, suspension systems, axles and attaching parts, wheels and rims, and steering systems.
(2) Pushout windows, emergency doors, and emergency door marking lights in buses shall be inspected at least every 90 days.
(b) Required records. Motor carriers, except for a private motor carrier of passengers (nonbusiness), must maintain, or cause to be maintained, records for each motor vehicle they control for 30 consecutive days. Intermodal equipment providers must maintain or cause to be maintained, records for each unit of intermodal equipment they tender or intend to tender to a motor carrier. These records must include:
(1) An identification of the vehicle including company number, if so marked, make, serial number, year, and tire size. In addition, if the motor vehicle is not owned by the motor carrier, the record shall identify the name of the person furnishing the vehicle;
(2) A means to indicate the nature and due date of the various inspection and maintenance operations to be performed;
(3) A record of inspection, repairs, and maintenance indicating their date and nature; and
(4) A record of tests conducted on pushout windows, emergency doors, and emergency door marking lights on buses.
(c) Record retention. The records required by this section shall be retained where the vehicle is either housed or maintained for a period of 1 year and for 6 months after the motor vehicle leaves the motor carrier's control.
[44 FR 38526, July 2, 1979, as amended at 48 FR 55868, Dec. 16, 1983; 53 FR 18058, May 19, 1988; 59 FR 8753, Feb. 23, 1994; 59 FR 60324, Nov. 23, 1994; 73 FR 75824, Dec. 17, 2008]
Notes of Decisions
Omega Contracting, Inc. v. Torres, 191 S.W.3d 828 (Tex. App. 2006).
· cites it 2× “” 49 C.F.R. §§ 396.3 , 396.13. Determining what is or is not safe in these circumstances bears practically no difference from what is or is not reasonable.”
Bailey v. Lewis Farm, Inc., 171 P.3d 336 (Or. 2007).
· cites it 2× “Even if we assume that Lewis Farm is a motor carrier within the meaning of the regulation, the terms of that regulation imposed an obligation on Lewis Farm to maintain the tractor-trailer. They do not excuse a prior owner, such as defendant, from the consequences of its…”
Hernandez v. Grando's LLC, 429 P.3d 1259 (N.M. Ct. App. 2018).
· cites it 2× “" 49 C.F.R. § 396.3 (a) (2017) in turn provides that "[e]very motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject…”
Craft v. Graebel-Oklahoma Movers, Inc., 2007 OK 79 (Okla. 2007).
“49 C.F.R. §§ 396.3 , 396.17, & 396.21. Motor carriers can satisfy this requirement by having an outside inspector, such as Central City, perform the inspection.”
Stewart v. NationaLease of Kansas City, Inc., 920 F. Supp. 1188 (D. Kan. 1996).
· cites it 7× “§ 2501 4 and 49 C.F.R. § 396.3 , which generally provide that vehicles, parts and accessories must be maintained by “motor carriers” in a safe condition at all times.”
Greene v. Carolina Freight Carriers, 663 F. Supp. 112 (S.D.W. Va 1987).
“” 49 C.F.R. § 396.3 (a)(1) (1985). The Plaintiffs argue that “[t]his federal safety regulation specifically covers the step or stirrup of tractor 05-1604.”
Brian Casey v. Ronald Smith, 2014 WI 20 (Wis. 2014).
“" Acceptance asserts that the repairs were necessary to comply with 49 C.F.R. § 396.3 (a), which requires all parts and accessories to be in a safe and proper operating condition, and 49 C.”
Vargas v. FMI, Inc., 80 Cal. Comp. Cases 111 (Cal. Ct. App. 2015).
“” ( 49 C.F.R. § 396.3 (a) (2014).) In addition to the above, the regulations also require motor carriers who transport property in leased vehicles to operate pursuant to written leases.”
Manske v. UPS Cartage Servs., Inc., 870 F. Supp. 2d 185 (D. Me. 2012).
· cites it 2× “” 49 C.F.R. § 396.3 (a). The DOT imposes an obligation on the drivers “to report” and “every driver shall prepare a report in writing at the completion of each day’s work on each vehicle operated.”
Commonwealth v. Richards, 593 A.2d 1279 (Pa. Super. Ct. 1991).
· cites it 3× “§ 4107(b)(2) and 49 C.F.R. § 396.3 . 3 49 C.F.R. § 396.3 (a)(1) provides: *156 (a) General—Every motor carrier shall systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles subject to its control.”
— 49 C.F.R. § 396.3(a) — 2 cases
Omega Contracting, Inc. v. Torres, 191 S.W.3d 828 (Tex. App. 2006).
“” 49 C.F.R. §§ 396.3 , 396.13. Determining what is or is not safe in these circumstances bears practically no difference from what is or is not reasonable.”
— 49 C.F.R. § 396.3(a)(1) — 2 cases
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