La. Admin. Code tit. 55 § III-827

Current through Register Vol. 50, No. 8, August 20, 2024

Section III-827 - 49 Code of Federal Regulations (CFR) Section 390.15 Motor Carrier Safety Regulations

A. The definition of a commercial motor vehicle is any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:

1. has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight, of 4,536kg (10,001 lbs) or more, whichever is greater; or

2. is designed or used to transport more than 8 passengers (including the driver) for compensation; or

3. is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or

4. is used in transporting material found by the secretary of transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the secretary under 49 CFR, subtitle B, chapter I, subchapter C.

B.49 CFR 396.17, Periodic Inspection

1. Every commercial motor vehicle shall be inspected as required by this Section. The inspection shall include, at a minimum, the parts and accessories set forth in LAC 55:III.829. The term commercial motor vehicle includes each vehicle in a combination vehicle. For example, for a tractor semitrailer, full trailer combination, the tractor, semi-trailer and the full trailer (including the converter dolly if so equipped) shall be inspected.

2. Except as provided in C.F.R. 396.23, a motor carrier shall inspect or cause to be inspected all motor vehicles subject to its control.

3. A motor carrier shall not use a commercial motor vehicle unless each component identified in LAC 55:III.829 has passed an inspection in accordance with the terms of this Section at least once during the preceding 12 months. The commercial inspection certificate conforms with C.F.R. 396.17-C-2, which waives the requirement that a copy of the commercial annual inspection form be carried in the vehicle.

4. It shall be the responsibility of the motor carrier to ensure that all parts and accessories not meeting the minimum standards set forth in LAC 55:III.829 are repaired promptly.

5. Failure to perform properly the annual inspection set forth in this Section shall cause the motor carrier to be subject to the penalty provisions provided by 49 U.S.C. 521(B).

C.49 CFR 396.21 Periodic Inspection/Record-Keeping Requirements

1. The qualified inspector performing the inspection shall complete the record of annual commercial inspection form (DPSSE 1019) in its entirety.

2. The original or a copy of the inspection report shall also be retained by the motor carrier under whose control the vehicle operates for 30 consecutive days or more, for a period of 14 months. The inspection report shall be retained where the vehicle is either housed or maintained. The original or a copy of the inspection report shall be available for inspection upon demand of an authorized federal, state or local official.

a. A copy shall be kept at the MVI station conducting the inspection for 3 years.

3. A record of annual commercial inspection form will be completed for each unit inspected, i.e., tractor, trailer, converter dolly, etc. When a record of annual commercial inspection form is completed, the regular log report need not be filled out.

4. A rejected vehicle is entitled to one free re-inspection if returned to the same inspection station within thirty days.

La. Admin. Code tit. 55, § III-827

Promulgated by the Department of Public Safety and Corrections, Office of State Police, Safety Enforcement Section, LR 25:2437 (December 1999), amended by the Department of Public Safety and Corrections, Office of State Police, LR 38:2558 (October 2012), Amended by the Department of Public Safety and Corrections, Office of State Police, LR 42441 (3/1/2016).

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1304-1310.