What does 49 CFR 396.9 (Inspection of motor vehicles and intermodal equipment in operation) require?

Short answer

49 CFR 396.9 requires motor carriers and intermodal equipment providers to systematically inspect, repair, and maintain vehicles and intermodal equipment in operation. Authorized personnel, including special agents of the FMCSA, are allowed to perform inspections and declare vehicles or equipment "out-of-service" if they are likely to cause an accident or breakdown.

The rule says

Every special agent of the FMCSA ... is authorized to enter upon and perform inspections of a motor carrier's vehicles in operation and intermodal equipment in operation — 49 CFR 396.9(a).

Authorized personnel shall declare and mark 'out-of-service' any motor vehicle or intermodal equipment which by reason of its mechanical condition or loading would likely cause an accident or a breakdown — 49 CFR 396.9(c)(1).

In plain English

Inspections can be performed by authorized personnel, including FMCSA special agents, and vehicles or equipment that are deemed unsafe can be taken out of service until repairs are made. Motor carriers and intermodal equipment providers must also maintain records of inspections and repairs, and ensure that vehicles and equipment are properly maintained to prevent accidents and breakdowns.

What to do

• Ensure that all vehicles and intermodal equipment are systematically inspected, repaired, and maintained.
• Designate authorized personnel to perform inspections and declare vehicles or equipment "out-of-service" if necessary.
• Maintain accurate records of inspections and repairs.
• Ensure that vehicles and equipment are properly marked as "out-of-service" if they are deemed unsafe.