49 CFR 398.8 - Administration inspection of motor vehicles in operation.

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§ 398.8 Administration inspection of motor vehicles in operation.

(a)Administration personnel authorized to perform inspections. All persons designated as Special Agents of the Federal Motor Carrier Safety Administration, as detailed in appendix B of chapter III of this title, are authorized to enter upon and perform inspections of motor carrier's vehicles in operation.

(b)Prescribed inspection report. Form MCS 63, Driver-Equipment Compliance Check, shall be used to record findings from motor vehicles selected for final inspection by authorized Administration employees.

(c)Motor vehicles declared “out of service”.

(1) Authorized Administration employees shall declare and mark “out of service” any motor vehicle which by reason of its mechanical condition or loading is so imminently hazardous to operate as to be likely to cause an accident or a breakdown. Form MCS 64, “Out of Service Vehicle” sticker shall be used to mark vehicles “out of service.”

(2) No motor carrier shall require or permit any person to operate nor shall any person operate any motor vehicle declared and marked, “out of service” until all repairs required by the “out of service notice” on Form MCS 63 have been satisfactorily completed. The term operate as used in this section shall include towing the vehicle; provided, however, that vehicles marked “out of service” may be towed away by means of a vehicle using a crane or hoist; and provided further, that the vehicle combination consisting of the emergency towing vehicle and the “out of service” vehicle meets the performance requirements of § 393.52.

(3) No person shall remove the “Out of Service Vehicle” sticker from any motor vehicle prior to completion of all repairs required by the “out of service notice” on Form MCS 63.

(4) The person or persons completing the repairs required by the “out of service notice” shall sign the “Certification of Repairman” in accordance with the terms prescribed on Form MCS 63, entering the name of his/her shop or garage and the date and time the required repairs were completed. If the driver completes the required repairs, he/she shall sign and complete the “Certification of Repairman.”

(d)Motor carrier's disposition of Form MCS 63.

(1) Motor carriers shall carefully examine Forms MCS 63. Any and all violations or mechanical defects noted thereon shall be corrected. To the extent drivers are shown not to be in compliance with the Federal Motor Carrier Safety Regulations, appropriate corrective action shall be taken by the motor carrier.

(2) Motor carriers shall complete the “Motor Carrier Certification of Action Taken” on Form MCS 63 in accordance with the terms prescribed thereon. Motor carriers shall return Forms MCS 63 to the address indicated upon Form MCS 63 within fifteen (15) days following the date of the vehicle inspection.

[ 33 FR 19765, Dec. 25, 1968, as amended at 40 FR 44557, Sept. 29, 1975]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

U.S. Code: Title 49 - TRANSPORTATION

§ 701 note - Establishment of Board

§ 13301 - Powers

§ 13902 - Registration of motor carriers

§ 31132 - Definitions

§ 31133 - General powers of the Secretary of Transportation

§ 31136 - United States Government regulations

§ 31502 - Requirements for qualifications, hours of service, safety, and equipment standards

§ 31504 - Identification of motor vehicles

Statutes at Large

113 Stat. 1748

113 Stat. 1766

Title 49 published on 09-May-2017 04:41

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 49 CFR Part 398 after this date.

2016-10-04; vol. 81 # 192 - Tuesday, October 4, 2016

81 FR 68336 - General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2016-22996
RIN	2126-AB95

DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration

Final rule.

Effective Date: The final rule is effective September 30, 2016.

49 CFR Parts 355, 356, 365, 369, 370, 373, 374, 376, 377, 378, 382, 383, 384, 385, 386, 390, 391, 392, 395, 397, and 398

Summary

FMCSA amends its regulations by making technical corrections throughout. The Agency is making minor changes to correct errors and omissions, ensure conformity with Office of the Federal Register style guidelines, update cross references, and improve clarity and consistency of certain regulatory provisions. Further, this set of amendments removes all remaining instances of the term “common carrier” and “contract carrier” as required by the ICC Termination Act (ICCTA) and the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). This rule does not make any substantive changes to the affected regulations, except to remove obsolete provisions.

2014-04-28; vol. 79 # 81 - Monday, April 28, 2014

79 FR 23306 - Electronic Documents and Signatures

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Additional Documents

type	regulations.gov
FR Doc.	2014-09376
RIN	2126-AB47
Docket No.	FMCSA-2012-0376

DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration

Notice of proposed rulemaking (NPRM).

You may submit comments on or before June 27, 2014. Comments received after this date will be considered to the extent practicable.

49 CFR Parts 370, 371, 373, 375, 376, 378, 379, 387, 389, 390, 391, 395, 396, and 398

Summary

FMCSA proposes amendments to its regulations to allow the use of electronic records and signatures to satisfy FMCSA's regulatory requirements. The amendments would permit the use of electronic methods to sign, certify, generate, exchange or maintain records so long as the documents accurately reflect the information in the record and can be used for their intended purpose. This proposed rule would apply only to those documents that FMCSA's regulations obligate entities or individuals to retain; it would not apply to forms or other documents that must be submitted directly to FMCSA. This proposed rule responds in part to the President's January 2011 Regulatory Review and Reform initiative and would implement the Government Paperwork Elimination Act (GPEA) and the Electronic Signatures in Global and National Commerce Act (E-SIGN).

2012-10-01; vol. 77 # 190 - Monday, October 1, 2012

77 FR 59818 - Technical, Organizational, and Conforming Amendments to the Federal Motor Carrier Safety Regulations

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Additional Documents

type	regulations.gov
FR Doc.	2012-23758
RIN	2126-AB54
Docket No.	FMCSA-2012-0274

DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration

Final rule.

Effective October 1, 2012. The incorporation by reference of a certain publication listed in the rule is approved by the Director of the Federal Register as of October 1, 2012.

49 CFR Parts 303, 325, 350, 355, 356, 360, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 395, 396, 397, 398, and 399, and Appendices B and G of Subchapter B of Chapter III

Summary

This final rule makes technical corrections throughout title 49 CFR subtitle B, chapter III. The Agency is making minor editorial changes to add revised delegations of authority from the Secretary of Transportation (Secretary), correct errors and omissions, and improve clarity. This rule does not make any substantive changes to the affected parts of the Federal Motor Carrier Safety Regulations (FMCSRs).