DATES: This regulatory guidance is effective July 22, 2016.
EXCERPTS: This amendment to the Regulatory Guidance Issued in 1993 is to make Section 396.17 consistent with the other Final Rules published by the FMCSA on July 22, 2016. This amends: answers to question in 396.17, as follows:
Section 396.17, Question 1: Some of a motor carrier’s vehicles are registered in a State with a mandated inspection program which has been determined to be as effective as the Federal periodic inspection program, but these vehicles are not used in that State. Is the motor carrier required to make sure the vehicles are inspected under that State’s program in order to meet the Federal periodic inspection requirements? Guidance: If the State requires all vehicles registered in the State to be inspected through its mandatory program, then the motor carrier must use the State program to satisfy the Federal requirements. If, however, the State inspection program includes an exception or exemption for vehicles which are registered in the State but domiciled outside of the State, then the motor carrier may meet the Federal requirements through a self-inspection, a third party inspection, or a periodic inspection performed in any State with a program that the Federal Motor Carrier Administration (FMCSA) determines is comparable to, or as effective as, the part 396 requirements. Section 396.23, Question 1: Can a violation-free Commercial Vehicle Safety Alliance (CVSA) Level I or Level V inspection be used to satisfy the periodic inspection requirements of §396.17? Guidance: No, a CVSA Level I or Level V inspection is not equivalent to the Federal periodic inspection requirements.
