Ask X3What does 49 CFR 396.23 (Equivalent to periodic inspection) require?
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Short answer
49 CFR 396.23 requires a motor carrier or intermodal equipment provider to meet the periodic inspection requirements of 396.17 through a mandatory inspection program determined by the Administrator to be as effective as 396.17. If the inspection program is not as effective, the motor carrier or intermodal equipment provider must ensure that the periodic inspection required by 396.17 is performed.
The rule says
"If a commercial motor vehicle is subject to a mandatory inspection program that is determined by the Administrator to be as effective as 396.17, the motor carrier or intermodal equipment provider must meet the requirement of 396.17 through that inspection program." (49 CFR 396.23(a)(1))
"Should FMCSA determine that an inspection program, in whole or in part, is not as effective as 396.17, the motor carrier or intermodal equipment provider must ensure that the periodic inspection required by 396.17 is performed on all commercial motor vehicles under its control in a manner specified in 396.17." (49 CFR 396.23(a)(2))
In plain English
This rule allows motor carriers and intermodal equipment providers to use alternative inspection programs that are deemed equivalent to the periodic inspection requirements of 396.17. However, if the alternative program is not as effective, the motor carrier or intermodal equipment provider must still ensure that the periodic inspection is performed as required by 396.17. This means that the motor carrier or intermodal equipment provider must have a system in place to ensure that all commercial motor vehicles under its control are inspected regularly, and that the inspections are documented and meet the requirements of 396.17.
What to do
- Determine if your inspection program is deemed equivalent to 396.17 by the Administrator.
- Ensure that your inspection program meets the requirements of 396.17 if it is not deemed equivalent.
- Document all inspections and maintain records for a period of 14 months.
- Make inspection reports available for inspection upon demand by authorized Federal, State, or local officials.