What does 49 CFR 396.12 (Procedures for intermodal equipment providers to accept reports required by § 390.42(b) of this chapter) require?

Short answer

49 CFR 396.12 requires intermodal equipment providers to establish a system for motor carriers and drivers to report damage, defects, or deficiencies in intermodal equipment. The system must include documentation of the report, including the name of the motor carrier, USDOT numbers, date and time of the report, and the signature of the driver who prepared the report. The intermodal equipment provider must also take corrective action to repair the reported damage, defects, or deficiencies before allowing the equipment to be used again.

The rule says

"Each intermodal equipment provider must establish a system for motor carriers and drivers to report to it any damage, defects, or deficiencies of intermodal equipment discovered by, or reported to, the motor carrier or driver which would (1) Affect the safety of operation of the intermodal equipment, or (2) Result in its mechanical breakdown while transported on public roads." (49 CFR 396.12(a))

"The system required by paragraph (a) of this section must include documentation of all of the following: (1) Name of the motor carrier responsible for the operation of the intermodal equipment at the time the damage, defects, or deficiencies were discovered by, or reported to, the driver." (49 CFR 396.12(b))

"Prior to allowing or permitting a motor carrier to transport a piece of intermodal equipment for which a motor carrier or driver has submitted a report about damage, defects or deficiencies, each intermodal equipment provider or its agent must repair the reported damage, defects, or deficiencies that are likely to affect the safety of operation of the vehicle." (49 CFR 396.12(c))

In plain English

Intermodal equipment providers must have a system in place for motor carriers and drivers to report any damage or defects they find. The provider must then take action to repair the equipment before it's used again. This helps prevent accidents and ensures that the equipment is in good working order. In practice, this means that intermodal equipment providers need to have a clear process for handling reports of damage or defects, and they need to be able to show that they've taken steps to repair the equipment.

What to do

• Establish a system for motor carriers and drivers to report damage, defects, or deficiencies in intermodal equipment
• Include documentation of the report, including the name of the motor carrier, USDOT numbers, date and time of the report, and the signature of the driver who prepared the report
• Take corrective action to repair the reported damage, defects, or deficiencies before allowing the equipment to be used again
• Maintain records of the reports and repairs for a period of three months from the date the report was submitted