Roadability

The FMCSA has moved ahead with a proposal that would relieve drivers of the obligation to provide driver-vehicle inspection reports ("DVIRs") to intermodal equipment providers ("IEP") if the driver has neither found nor been made aware of any defects in the intermodal equipment provided by the IEP.  The FMCSA is accepting comments on the proposal until August 8, 2011.

On June 29th we reported that the Federal Motor Carrier Safety Administration's "roadability" rule on intermodal container chassis would go into effect on June 30th.  While the majority of the "roadability" rule did take effect on that date, on August 20, 2010 the FMCSA extended until June 30, 2011 the compliance date for the portion of the rule requiring drivers and motor carriers to prepare a driver-vehicle inspection report ("DVIR") on an item of intermodal equipment if no damage, defects, or deficiences are discovered by, or reported to, the driver.

This action was taken to provide the FMCSA with sufficient time to address, through a notice-and-comment rulemaking proceeding, an issue raised in a petition for rulemaking submitted on March 31, 2010 by the Ocean Carrier Equipment Management Association ("OCEMA").  The OCEMA's petition argues that requiring the preparation and transmittal of no-defect DVIRs imposes an undue burden on drivers, motor carriers, intermodal equipment providers, and intermodal facilities nationwide. 

The Federal Motor Carrier Safety Administration's "roadability" rule on intermodal container chassis goes into effect June 30.

49 C.F.R. §§ 390.40 and .42 govern chassis “roadability” and require, among other things:

• Registration by Intermodal Equipment Providers (“IEP”) with the Federal Motor Carrier Safety Administration (“FMCSA”);
• Written, driver-signed pre-trip reports on the condition of each chassis, as the chassis is delivered to an equipment provider,
  or their agent;
• Copies of driver reports, available for FMCSA audit, to be accessible at every IEP;
• Numbering of each chassis to conform to federal regulations, regardless of the current chassis numbering system;
• Annual chassis inspections; and
• IEP repair and maintenance record-keeping systems;

These regulations were meant to originally take effect on December 17, 2009, but, because of concerns expressed by industry groups, the deadline for compliance has been pushed back.  Now, partial compliance is required by June 30^th (i.e., IEPs must have a database to track and report the condition of each chassis, etc.) with full compliance due by December 17, 2010 (i.e., IEPs must have the chassis properly marked, etc.). 

The Federal Motor Carrier Safety Administration has extended the Dec. 17 deadline for compliance on its "roadability" rule for intermodal container chassis to June 30, 2010, according to the American Trucking Associations.

The extension applies to Intermodal Equipment Provider (IEP), motor carrier and driver compliance with the Driver Vehicle Inspection Report recordkeeping requirements. It does not, however, apply to FMCSA inspection, repair and maintenance requirements.