N.Y. Comp. Codes R. & Regs. tit. 17 § 720.11

Current through Register Vol. 46, No. 50, December 11, 2024
Section 720.11 - Out-of-service and defect criteria
(a) General. The condition of vehicles subject to inspection by the department will be evaluated at the time of inspection on the basis of applicable requirements of this Part, the Transportation and Vehicle and Traffic Laws of the State of New York, applicable Federal motor vehicle safety standards and the criteria contained in this section. Vehicles that do not meet the applicable requirements shall be placed "out-of-service", or repaired in a timely manner in accordance with this section.
(b) Applicability. These criteria apply to all vehicles subject to inspection by this department. The applicability of each inspection item listed is based on the type, size, and use of the vehicle. Therefore, all inspection vehicle items will not apply to all vehicles. As an example, a vehicle not equipped with air brakes will not have the air brake criteria applied to that vehicle.
(c) The department may elect to inspect only certain vehicle components based on the overall safety performance of the operator.
(d) Criteria.
(1) Any vehicle with at least one Defect Rating of "A" discovered at the time of inspection shall be issued an "out-of-service vehicle" sticker, and that vehicle may not be used to carry passengers until the defect(s) has been repaired/corrected and the vehicle has been re-inspected by a NYSDOT inspector, the "out-of-service vehicle" sticker removed by the inspector and a valid inspection certificate affixed.
(2) Any vehicle operated by a carrier with an acceptable safety and inspection record that is without a Defect Rating of "A" discovered at the time of inspection shall be issued an inspection certificate based on the following conditions:
(i) If the vehicle has one or more Defect Ratings of "B," such defect(s) must be repaired by the carrier prior to carrying any passengers.
(ii) If the vehicle has any one or more Defect Ratings of "C," such defect(s) must be repaired by the carrier within 15 days of the date of inspection.
(3) Vehicles operated by a carrier determined not to have an acceptable safety and inspection record that have Defect Ratings of "B'' and "C'' shall be treated as if they had a Defect Rating of "A''. Periodically, the Office of Modal Safety & Security shall determine those carriers that do not have an adequate safety and inspection record. Such determinations may be based on a review of the carrier's past safety record, preventive maintenance program and out-of-service rate.
(4) Effective April 1, 1998 pursuant to chapter 202 of the Laws of 1997, historic double-decker buses operating pursuant to the regulatory authority of the New York City Office of Consumer Affairs and meeting the definition contained in section 720.1(m) of this Part shall comply with each of the "Out-of-Service and Defect Criteria" except as follows: 12.00, 15.01, 18.04.2 (providing the vehicle has aisles at least 10 inch wide and 72 inches high), 20.00.2, 21.00, 25.01, 37.00.2 and 45.05.

OUT OF SERVICE AND DEFECT CRITERIA

No.

Inspection Item

Defect

Defect Rating

10.00

Bus Identification

Federal Motor Vehicle Safety Standard (FMVSS) tag missing

1. Initial inspections, including any "first sale" bus presented for inspection for the purpose of operating the bus in school service

A

2. Regular inspection

B

10.01

Bus Number

N/A

10.02

Registration

N/A

10.03

Operator's Name

1. Missing or not proper size or location

B

2. Missing word "Operator" or "Operated By", where required

C

10.04

Seating & Standing Capacity

N/A

11.00

Driver's Controls

11.01

Entrance Door

1. Control must operate freely and hold door or doors in fully enclosed position

A

2. Air operated door emergency release missing, inoperable, not identified or operating instruction missing or illegible

A

11.02

Steering Wheel

Bent, broken, not secured, does not turn freely or exceeds "Steering Wheel Free Play" tolerances (see subdivision of this section)

A

11.03

Steering Column

No excessive looseness in steering components and/or steering column attachment areas other than adjustable steering column, which must lock in place

A

11.04

Horn

1. Not present

B

2. Not securely mounted

B

3. Not working

B

4. Control not within easy reach of driver

B

11.05

Directional Indicator/Switch

Failed to function as designed

A

11.06

Clutch Pedal

1. Does not operate without binding or return completely or does not engage or disengage completely

A

2. Cover pad missing

B

11.07

Brake Pedal

1. Does not operate without binding or return completely

A

2. Does not have any reserve pedal travel on hydraulic brake systems

A

3. Pedal cover pad missing

B

11.08

Accelerator Pedal

1. Does not operate without binding or return completely

A

2. Cover pad missing

B

12.00

Interior Mirrors

1. Any required mirror missing, broken, or will not maintain adjustment

A

2. Any required mirror of not proper size, type or where discolored that would impair vision

B

13.00

Windshield

1. Any crack or bruises greater than a 1/2³ diameter on driver's side wiper area or in view of any mirror

A

2. All other locations: no bruise larger than 1³ or crack longer than 4³

C

3. No fog or discoloration which obstructs driver's vision

A

13.01

Wipers

1. Not equipped with number of wipers originally installed

A

2. Wiper blade with:

B

a) torn rubber

b) metal in contact with the windshield

3. Do not work

A

4. Do not operate as designed

A

5. Is improperly adjusted/does not properly clean windshield (5 wiper passes)

B

13.02

Washer

Not working

B

13.03

Sun Visor

Missing or not functional

B

14.00

Interior Lights

N/A

15.00

Heater

1. Inadequate fan shield

A

2. Delivers inadequate heat (NOTE: Seasonal considerations apply)

B

15.01

Defroster

Any defroster system not working or inadequate to clear driver viewing area

A

15.02

Air Conditioning &Ventilation

1. Vehicle with air conditioning:

B

a) Air conditioning inoperable (NOTE: Seasonal considerations apply)

2. Vehicle without air conditioning:

B

a) Inadequate ventilation

15.03

Leaks

Any coolant leak in passenger compartment (observable movement of fluid)

A

16.00

Gauges

1. Air/vacuum gauge(s) missing or defective

A

2. Oil, Amp or Volt gauge defective

C

16.01

Repealed

Repealed

Repealed

16.02

Speedometer

Not operating as designed

A

16.03

Brake Warning Light/Buzzer

Any required brake warning light/buzzer missing, defective or inoperative

A

16.04

Illumination

Speedometer or brake system gauge (air/vac) not illuminated

C

17.00

Safety Equipment

School bus that fails to meet April 1, 1977 Federal school bus safety standards (no approved SED hardship waiver)

A

17.01

Fire Extinguisher

1. Missing

B

2. Not serviceable

B

3. Not of proper type

B

4. Not identified for accessibility

B

17.02

First Aid Kit (school service) (when required)

1. Missing or empty

B

2. Not identified for accessibility

B

17.03

Flares/Reflectors (when required)

1. Missing

B

2. Not of approved type

B

17.04

Fire Blanket (when required)

1. Missing

B

2. Not of approved type

B

3. Not identified for accessibility

B

17.05

Seat Belt Cutters (when required)

1. Missing

B

2. Not of approved type

B

3. Not identified for accessibility

B

18.00

Floor Covering

Any deterioration or any defective covering that may result in a tripping hazard

B

18.01

Metal Strip

Unsecured in such a manner that may result in a tripping hazard or has sharp edges

B

18.02

White Line

1. Missing

B

2. Represents a tripping hazard

B

3. White line instruction sign missing (when required)

C

18.03

Stepwell

1. Any deterioration or any defective covering that may result in a tripping hazard

B

2. Step dimensions do not meet regulations (new or transfer)

A

3. Stepwell light inoperative

C

18.04

Aisle

1. Any deterioration or any defective covering that may result in a tripping hazard

B

2. Dimension of aisle(s) does not meet regulation

A

19.00

Seats

19.01

Frames

1. Broken or loose

B

2. Not secured properly

B

19.02

Upholstery

1. Any required fire block upholstery ripped, torn, or separated

B

2. Any seat material so defective that the integrity of passenger protection and safety is affected

B

19.03

Padding and Seat Cushions

Any defective padding and unsecured cushions that affect passenger safety

B

19.04

Deleted

Deleted

19.05

Driver's Seat

1. Improperly secured

A

2. Not able to adjust or hold adjustment

A

3. Not able to meet required spacing regulations

A

4. Missing or inoperable seat belt

A

19.06

Seat Belts (when required)

Missing, inoperative, defective seat belt assembly

B

19.07

Wheelchair Securement Devices

1. Any defective or improperly installed wheelchair securement component

A

2. Any component that constitutes a tripping hazard in an aisle area

B

19.08

Handrail Clearance (school buses)

Fails to pass department's nut/drawstring test procedure

B

20.00

Emergency Door(s)

1. Missing or does not open or close freely or completely, when required

A

2. FMVSS hold-open requirement missing or inoperative

B

20.01

Latching Device

1. Latch does not operate freely or hold door in a closed position

A

2. Any interlock system not working properly

A

20.02

Rubber Seal

Any seal so defective as to allow exhaust to enter the passenger compartment

B

20.03

Operation Buzzer

Fails to function correctly

A

20.04

Lettering

Required lettering missing

B

20.05

Emergency Exit Light

Not working

B

21.00

Emergency Windows/Roof Hatches

1. Not present when required

A

2. Fails to function correctly

A

21.01

Operation Buzzer (school bus)

Does not work properly

A

21.02

Lettering

Required lettering missing

B

22.00

Windows (school bus-split sash)

Open more than 5³

B

22.01

Sash

Does not function properly

C

22.02

Frames

Loose or has sharp edges

B

22.03

Glass

1. Not of approved type

A

2. Broken or has exposed sharp or jagged edges

A

3. Any condition that obscures the driver's vision

A

22.04

Latch Operation

N/A

23.00

Interior Panels

Any condition that would likely cause injury to passengers (sharp edges, protruding fasteners, etc.)

A

23.01

Ceiling Panels

Any condition that would likely cause injury to passengers (sharp edges, protruding fasteners, etc.)

A

23.02

Side Panels

Any condition that would likely cause injury to passengers (sharp edges, protruding fasteners, etc.)

A

23.03

Wheel Housings

Any defective wheel housing that would allow intrusion of outside elements

A

23.04

Damage/Corrosion

1. Any damage or corrosion that would likely cause injury to passengers, such as ripped or torn metal, sharp edges and protruding fasteners or any corrosion to the extent that would allow intrusion of outside elements (exhaust fumes) into the passenger compartment

A

2. Rust holes in panels or members that has not met the above described condition (repair with corrective applications to prevent further corrosion)

C

23.05

Barriers/Panels

1. Not of proper type and/or missing

A

2. Not secured properly

A

24.00

Cleanliness

Any unsanitary conditions

B

25.00

Exit-Entrance Door

1. Does not operate freely or completely

A

2. Exit lights not working

C

25.01

Door Controls

Does not operate as designed

A

25.02

Special Service Door

1. Does not operate freely or completely

A

2. Does not actuate the required warning signal

A

3. Positive door holding device missing or inoperable

B

25.03

Controls/Locking Device

Does not operate as designed

A

25.04

Seals

Any door seal so damaged as to allow exhaust gases to enter the passenger compartment

B

25.05

Lift/Ramp Operation

1. Fails to operate as required

A

2. Lift operates with special service door in a closed position

A

3. Operating instructions missing

C

25.06

Lift/Ramp Mounting

1. Is not secured while vehicle is in motion

A

2. Reflecting decal missing when required

C

3. Lift/Ramp illumination light inoperative

C

25.07

Sliding Slide Entrance Doors (School service)

1. Warning signal not present or inoperative

B

26.00

Exterior Lights

2. Power door locks not present or inoperative

Note: Failure of any multi-functional element will result in only one "out-of-service" defect being cited on the inspection report

B

26.01

Headlights

1. Any light or control that fails to function as designed/intended

A

2. Any lens is broken

A

3. Light/lens not of proper type. Any lamp that is not securely mounted or can easily be moved

A

26.02

Marker/Reflectors

1. Any marker/reflector that fails to function as designed/intended

B

2. Any marker/reflector that is broken (pieces missing)

C

3. Lens not of proper type

C

26.03

Stop Lights

1. Any light or control that fails to function as designed/intended

A

2. Any lens that is broken (pieces missing)

A

3. Light/lens not of proper type

A

4. Any lamp that is not securely mounted or can easily be moved

A

26.04

Emergency Flashers

1. Any light or control that fails to function as designed/intended

A

2. Any lens that is broken (pieces missing)

A

3. Light/lens not of proper type

A

4. Any lamp that is not securely mounted or can easily be moved

A

26.05

Directional Signal

1. Any light or control that fails to function as designed/intended

A

2. Any lens that is broken (pieces missing)

A

3. Light/lens not of proper type

A

4. Any lamp that is not securely mounted or can easily be moved

A

26.06

Reverse Light/Beeper

1. Any light, beeper or control that fails to function as designed/intended

A

2. Light/lens not of proper type

A

3. Any lamp that is not securely mounted or can easily be moved

A

26.07

School Bus Warning Lights/Stop Signal Arm

1. Any light or control that fails to function as designed/intended

A

2. Any lens that is broken (pieces missing)

A

3. Light/lens not of proper type

4. Any lamp that is not securely mounted or can easily be moved

A

A

26.08

Tail Lights

1. Any light or control that fails to function as designed/intended

B

2. Any lens that is broken (pieces missing)

B

3. Light/lens not of proper type

B

4. Any lamp that is not securely mounted or can easily be moved

B

27.00

Front Wheel/Rim

1. Lock ring/side ring: bent, broken, cracked, mismatched, improperly seated, sprung, distorted

A

2. Rim/Disc/Spoke Defects: any circumferential crack except an intentional manufactured crack at a valve stem hole, other structural cracks, valve stem protector missing/against lug component

A

3. Disc Wheel Cracks:

A

a) Any crack

4. Stud Holes (disc wheels): any elongated stud holes (fasteners tight)

A

5. Spoke Wheel Cracks: any crack across a spoke or hub section

A

6. Fasteners: any loose, missing, broken, cracked, or stripped (both spoke and disc wheels)

A

7. Welds:

A

a) Any cracks in welds attaching disc wheel disc to rim

b) Any crack in welds attaching tubeless demountable rim to adapter

c) Any welded repair on aluminum wheel(s) on a steering axle

d) Any welded repair other than disc to rim attachment on steel disc wheel(s) mounted on the steering axle

8. Rim shows evidence of slippage on spider

A

27.01

Wheel Bearings

Has play which exceeds the manufacturer's specifications

A

27.02

Lugs, Wheel Bolts, Nuts or Studs

Any are missing, damaged, loose or improperly installed

A

27.03

Alignment

Is obviously misaligned

C

27.04

Grease/Fluid Leak/Seals

Any leak resulting in contamination on brake lining, drum or rotor, or on oil bath seals, leaking from hub cap or gasket

A

28.00

Tires

Has a valve stem that is cracked, chafed from contact with the spider or rim, in contact with brake drum, inaccessible for taking pressure readings

B

28.01

Front

1. Any tire that fails to meet the performance and construction requirements outlined in sections 720.4(ab) and 721.4(m) of this Title

A

2. Tire is flat or has noticeable leak

A

28.02

Rear

1. Any tire that fails to meet the performance and construction requirements outlined in sections 720.4(ab) and 721.4(m) of this Title

A

2. Tire is flat or has noticeable leak

A

28.03

Other

1. Any tire that fails to meet the performance and construction requirements outlined in sections 720.4(ab) and 721.4(m) of this Title

A

2. Tire is flat or has noticeable leak

A

29.00

Exterior Mirrors & Brackets

1. Any required mirror missing, broken or will not maintain a set adjustment

A

2. Discolored

C

29.01

Pedestrian Detection Mirrors (crossover)

Any required mirror missing, broken, discolored or will not adjust or maintain a set adjustment

A

30.00

School Sign & Illumination

1. When required sign is missing or illegible

A

2. Not illuminated in a uniform manner

B

31.00

Exterior Body Panels

31.01

Damage

Any body panel that is loose, torn or dislocated and protruding from the surface of the vehicle causing a hazard

A

31.02

Corrosion

1. Any corrosion to the extent that would allow intrusion of outside elements into the passenger compartment

B

2. Any corrosion to a panel or member that has developed into a stage that is loose, poorly secured or in danger of falling off

B

3. Small rust holes in panels or members that has not met the above described condition (recommended Repair would include corrective applications designed to prevent further corrosion)

C

31.03

Body Paint

Is not of the required color for school buses (National School Bus Chrome)

A

31.04

Hand Holds

N/A

31.05

Storage Compartments

Cannot properly be secured or latched Missing, damaged resulting in sharp edges or interference with other components

B

32.01

Latch

Nonfunctional

A

32.02

Interior Engine Hood

Defective Seals

A

33.00

Rear Wheel(s)

1. Lock ring/side ring: bent, broken, cracked, mismatched, improperly seated, sprung, distorted

A

2. Rim/Disc/Spoke Defects: any circumferential crack except an intentional manufactured crack at a valve stem hole, other structural cracks, valve stem protector missing/against lug component

A

3. Disc Wheel Cracks:

A

a) Any crack

4. Stud Holes (disc wheels): any elongated stud holes (fasteners tight)

A

5. Spoke Wheel Cracks: any crack across a spoke or hub section

A

6. Fasteners: any loose, missing, broken, cracked, or stripped (both spoke and disc wheels)

A

7. Welds:

A

a) Any cracks in welds attaching disc wheel disc to rim

b) Any crack in welds attaching tubeless demountable rim to adapter

c) Any welded repair on aluminum wheel(s) on a steering axle

d) Any welded repair other than disc to rim attachment on steel disc wheel(s) mounted on the steering axle

8. Rim shows evidence of slippage on spider

A

33.01

Rear Wheel Lugs

Missing, worn, installed improperly, stripped, cross threaded

A

33.02

Rear Wheel Bearings

Has play which exceeds the manufacturer's specification

A

33.03

Grease/Fluid Leak

Any leak resulting in contamination on brake lining, drum or rotor, or on oil bath seals, leaking from hub cap or gasket

A

33.04

Axle Flange

Fasteners: missing, improper application, loose/holes: elongated/damaged

A

34.00

Steering

34.01

Pump/Fluid Level/Leaks

1. Inoperative

A

2. Fluid level below add mark (when hot)

B

3. Any leak at shaft seal

A

4. Missing or defective belt

A

34.02

Hoses

1. Leaks: Excessive fluid and/or oil leak (observable movement of fluid)

A

2. Exposed or damaged reinforcement ply or cord

A

3. Improper type or design for application

A

4. Installation which may cause damage by wear or chafing, or which may cause interference to surrounding moving parts

A

34.03

Pitman Arm

1. Looseness of pitman arm on pitman shaft

A

2. Obvious repair weld, or improperly secured

A

3. Wheels cannot be turned to designed limits without interference

A

34.04

Tie-Rod Ends & Drag Link

1. Looseness:

A

a) Any motion, other than rotational, greater than one eighth inch, that can be detected by movement with two hands with moderate strength, in any connecting joint

b) Any wear, demonstrated by wear indicator

c) Any looseness of a stud nut

d) Any looseness in any threaded joint

e) Any loose clamp(s) or clamp fastener(s)

2. Fastener(s):

A

a) Missing

b) Missing stud nut or other fastener/locking/safety component

c) Any bent or damaged bolt(s)

34.05

Steering Box

1. Securement: loose, damaged or missing fasteners or mounting component

A

2. Leaks: excessive fluid and/or oil leak (observable movement of fluid)

A

3. Any repair welds

A

4. Input or pitman shaft damage or repair-welded except accepted seal surface repair

A

5. Steering shaft coupler loose at steering box shaft

A

37.00

Exhaust System

A

1. Any part of the exhaust system passing through the passenger compartment

2. Any exhaust pipe terminating at any point under the passenger section, under any door, or ahead of the rear axle

A

3. Any vehicle exhaust system that emits unnecessary smoke, offensive vapors or is noticeably louder than OEM design

C

4. No part of the exhaust system of any motor vehicle shall be so located as to be likely to result in burning, charring, or damaging the electrical wiring, the fuel supply, or any combustible part of the motor vehicle

A

37.01

Leaks

1. Exhaust system leaking under the passenger or engine compartment

A

2. Exhaust system discharging under the passenger compartment

A

37.02

Hangers

Any exhaust hanger(s) broken or damaged that would likely cause the system to disengage or alter its position in such a manner that would result in burning, charring, or damaging electrical, fuel or other mechanical parts

B

38.00

Front Axle

1. Any obvious bend or twist

2. Any portion cracked or welded repair

A

A

3. Improper restoration of axle eye(s)

A

38.01

Springs

1. Any leaf or portion of any leaf in any spring assembly is missing, separated or cracked on both sides

A

2. Any broken main leaf in a leaf spring

A

NOTE: i. Any leaf of a leaf spring assembly is a main leaf if it extends, at both ends, to or beyond:

a) The load bearing surface of a spring hanger or equalizer

b) The spring end cap or insulator box mounted on the axle

c) A spring eye

ii. The radius rod leaf, in springs having such a leaf, has the same function as the torque or radius components, and should be treated as such a component for purposes of out-of-service

3. Coil spring broken

A

4. Rubber spring missing, cracked larger than OEM recommendations

A

5. One or more leaves displaced in a manner that could result in contact with a tire, rim, brake drum, or frame

A

6. Broken torsion bar

A

7. One or more leaves cracked or broken between the "U" bolts

A

8. Center pin is sheared

A

38.02

Axle Parts/Members/King Pins/Etc.

1. Any U-bolt(s) or other spring to axle clamp bolt(s) cracked, broken, loose or missing

A

2. Any spring hanger(s), or other axle positioning part (s) cracked, broken, bent, loose or missing

A

3. Any part of a torque, radius, or tracking component assembly or any part used for attaching same to the vehicle frame or axle that is cracked, loose, broken, or missing (including spring leaves, used as a radius or torque rods, missing bushings but not loose bushings in torque or track rods)

A

4. One or more fastener(s) missing, broken or loose from any spring hanger or shackle assembly

A

5. King Pins, Ball Joints, Struts: Exceeds manufacturer's allowable wear tolerances

A

38.03

Shock Absorbers

1. If originally equipped, any missing or broken shock or mounting stud

A

2. Any rubber bushing that is deteriorated to a degree that shock metal and mounting point comes into contact (metal to metal)

A

3. Shock absorber performance is determined to be deficient during road test

B

38.04

Air Suspension

1. Deflated air suspension, i.e., system failure, leak, improperly adjusted or defective leveling valve, etc.

A

2. Any air bag worn (cord exposed)

A

3. Improperly mounted or mis-matched air bag

A

4. Any missing, broken, loose, cracked or bent radius rod(s) or other air suspension components

A

5. Any bushing defect which causes the component to contact its mounting point

A

38.05

Positioning Components

Any component that is worn or broken that affects the alignment or location of the axle

A

39.00

Hydraulic Brakes

1. Absence of braking action upon application of the service brakes as designed (such as brake linings failing to move or contact braking surface adequately upon application)

A

2. Any missing, broken or improperly installed part(s)

A

39.01

Brake Lines/Hoses/Connections

1. Any bulge/swelling of any hose when operating pressure is applied

A

2. Any lines, hoses, tubing or connections that leak, are cracked, chafed (cord exposed), flattened, broken, restricted, insecurely fastened, improperly retained, or in contact with exhaust system, drive line, etc.

A

3. Any line, tubing, hose or connection that is not constructed to meet all applicable manufacturers codes and standards

A

39.02

Reservoir

Improperly mounted or loose, or leaking

A

39.03

Wheel Cylinders/Calipers

1. Wheel cylinders/calipers are frozen or leaking

A

2. Loose or improperly mounted

A

39.04

Hydrovacs/Assist

1. If equipped or required to be equipped with a reservoir, insufficient vacuum reserve to permit two full brake applications after engine is shut off

A

2. If not required to be equipped with a reservoir, insufficient vacuum reserve to permit one full brake application after engine is shut off

A

3. Brake warning indicator fails to activate with ignition switch in the "on" or "crank" position or remains on after engine is started

A

4. Any low-vacuum or pressure warning device (as required) fails to operate properly

A

5. Power assist unit fails to operate properly to include back up system

A

6. Any brake fluid or power steering fluid leak

A

39.05

Drums/Rotors

1. Any portion of the drum or rotor (discs) improperly mounted, missing or in danger of falling away

A

2. If drums or rotors are at or exceeds the manufacturers discard measurement

A

3. If drums or rotors have any external crack or cracks that open upon brake application

A

4. Any drum or rotor contaminated with grease or oil

A

5. Any substantial portion of the drum or rotor lining contact surface missing or deteriorated

A

39.06

Linings/Pads

1. Bonded linings are less than the following (measurement should be taken at thinnest point):

A

-GVWR up to 10,000 lbs less than 1/16³

-GVWR of 10,001 to 18,000 lbs - less than 1/8³

- GVWR more than 18,000 lbs - less than 1/4³

(Measurement should be taken at center of shoe)

2. Riveted linings are less than 1/16 inch above rivet head at thinnest point

A

3. Lining is broken, not firmly attached to shoe or plate, contaminated with oil or grease

A

4. Substantially uneven due to improper wear

A

5. Lining has cracks or breaks that extend from edge through rivet or bolt holes which are deeper than half of lining thickness. (Ignore minor cracks which do not impair attachment)

A

39.07

Master Cylinder

1. Master cylinder is not filled to design capacity or is leaking

A

2. Loose or improperly mounted master cylinder

A

40.00

Air Brakes

1. Any one brake at or beyond the readjustment limit (see subdivision of this section) measured at push rod with air reservoir pressure between 90 to100 PSI with engine off and then fully applied brakes

A

2. Absence of braking action upon application of the service brakes (such as brake linings failing to move or contact braking surface upon application)

A

3. Any wedge brake where the lining movement exceeds 1/16 of an inch at the center of the shoe

A

4. Any test failure of the air reservoir system to include mounting and reservoir condition

A

5. Any missing, broken or improperly installed part

A

40.01

Brake System Valve(s)/Tanks

Any brake system valve(s) or attached connection(s) mounted improperly, leaking or found to be defective through air brake system test procedures (application, relay, release, inversion, limiting, etc.)

A

40.02

Cams/Wedges

1. Any cam brake or wedge type component worn to a point that it is beyond the manufacturers wear tolerance

A

2. Any cam brake operation with noticeable irregular movement while brakes being applied (i.e., jumping, hanging, etc.)

A

40.03

Chambers/Push Rods/Slack Adjusters

1. Any chamber component or connection(s) leaking or not properly mounted

A

2. Any slack adjuster that will not adjust or hold adjustment

A

3. Any mismatch across any axle of:

A

a) air chamber size

b) air chamber type

c) slack adjuster length

d) push-rod length (shall not exceed maximum of 1/2³ difference side to side)

4. Corrosion to a chamber that is so severe that it results in looseness, poor securement or danger of structural failure

A

40.04

Hoses/Lines

1. Hose with any damage extending through the outer reinforcement ply. (Rubber impregnated fabric cover is not a reinforcement or color difference between cover and inner tub. Exposure of second color is out-ofservice)

A

2. Bulge/swelling when air pressure is applied

A

3. Hose with audible leak

A

4. Two hoses improperly joined such as a splice made by sliding the hose ends over a piece of tubing and clamping the hose to the tube

A

5. Air hose cracked, broken, or crimped in such a manner as to restrict air flow

A

40.05

Drums/Rotors

1. Any portion of the drum or rotor (discs) improperly mounted, missing or in danger of falling away

A

2. If drums or rotors are at or exceeds the manufacturers discard measurement

A

3. If drums or rotors have any external crack or cracks that open upon brake application

A

4. Any drum or rotor contaminated with grease or oil

A

5. Any substantial portion of the drum or rotor lining contact surface missing or deteriorated

A

40.06

Linings/Pads

1. Any lining(s) that is worn to the Manufacturer's wear mark.

A

2. Any axle with 2 piece linings that are worn to less than 1/4³ (measured at center of shoe) or 1/16³ (above rivet or bolt head)

A

3. Any 1 piece lining on steering axle is less than 3/16³ at thinnest point (includes disc brake linings)

A

4. Substantially uneven due to improper wear

A

5. Lining has cracks or breaks that extend from edge through rivet or bolt holes which are deeper than half of lining thickness. (Ignore minor cracks which do not impair attachment.)

A

6. Lining is broken, not firmly attached to shoe or plate, contaminated with oil or grease

A

41.01

Leaks

The transmission or its lines are leaking fluid steadily or leaking onto any exhaust system component

A

41.02

Mounting

The transmission is loose or if any mounts are worn, loose, broken or damaged

A

41.03

Operation

1. Defective start neutral safety switch

B

2. The transmission fails to operate in any selected gear setting or fails to perform under normal operating conditions

B

42.00

Emergency/Parking Brake Assembly

If any mechanical parts of the emergency brake assembly are missing, frozen, broken or badly worn

A

42.01

Handle/Application Valve

1. The handle or application valve fails to operate, is broken or missing

A

2. The handle or application valve fails to remain in the selected position

A

42.02

Control Rod or Cable, Hoses, Lines

1. Control rod is bent, loose or worn to a point where it cannot perform its intended function

A

2. Any cable that is missing, frozen, frayed or altered

A

3. Any hose or line which has an audible leak if air, or visible leak if fluid

A

4. A bulge/swelling when a hose or line is pressurized

A

5. A hose or line is cracked, broken or crimped in such a manner as to restrict flow

A

6. Hose abraded (chafed) through outer cover to fabric layer

B

42.03

42.04

Locknuts

Ratchet & Pawl Shield

Any required locknuts missing or loose

A

1. Ratchet that has two adjacent teeth missing

A

2. Ratchet and pawl assembly does not stay in the selected position

A

42.05

Return Spring/Application Spring

1. Absence of any required return or application springs

A

2. Any broken spring or any spring which is worn to a point in which it cannot perform its intended function

A

42.06

Linings/Drums/Rotors

NOTE: When the emergency brake system utilized components of the primary brake system refer to Sections 39 and 40 of this criteria. For all other emergency brake systems see below.

1. Lining or pad is not firmly attached to the shoe

A

2. The friction surface is saturated with oil, grease, or brake fluid

A

3. The lining or pad has worn beyond the manufacturer's replacement recommendations

A

4. Any obvious cracks in the drum, rotor or their respective mounting points

A

43.01

Universal Joints

1. Any universal joint or end cap which is cracked, split, missing, worn through or excessive play

A

2. Any snap ring fastener(s) missing, any bolt(s) missing to a bolt fastened end cap

A

3. Any universal joint which is worn to a point that causes excessive drive line vibration

A

43.02

Hanger Bearings

1. Hanger bearing mounting bolts which are missing or loose

A

2. Any bearing which has become completely dislodged from its rubber casing

A

3. A bearing which has excess movement in its outer bearing race

A

43.03

Driveshaft Guard

1. Absence of any required guard

C

2. Improperly located guard

C

3. Installed guard which affects the proper function of any other component

A

44.00

Rear Axle (also applies to third axle if so equipped)

1. The rear axle or axle housing is bent, cracked or loose

A

2. The rear axle is obviously misaligned or does not allow the front wheel to track in straight ahead travel

A

44.01

Differential

The differential has evidence of excess wear indicated by grinding or excessive banging. NOTE: This would be most apparent during the vehicle road test

A

44.02

Springs

1. Any leaf or portion of any leaf in any spring assembly is missing, separated or cracked on both sides

A

2. Any broken main leaf in a leaf spring

A

NOTE:

A. Any leaf of a leaf spring assembly is a main leaf if it extends, at both ends, to or beyond:

(1) The load bearing surface of a spring hanger or equalizer

(2) The spring end cap or insulator box mounted on the axle

(3) A spring eye

B. The radius rod leaf, in springs having such a leaf, has the same function as the torque or radius components, and should be treated as such a component for purposes of out- of-service

3. Coil spring broken

A

4. Rubber spring missing, cracked larger than OEM recommendations

A

5. One or more leaves displaced in a manner that could result in contact with a tire, rim, brake drum, or frame

A

6. Broken torsion bar

A

7. One or more leaves cracked or broken between the "U" bolts

A

8. Center pin is sheared

A

44.03

Axle Parts/Members/King Pins, etc.

1. Any U-bolt(s) or other spring to axle clamp bolt(s) cracked, broken, loose or missing

A

2. Any spring hanger(s), or other axle positioning part (s) cracked, broken, bent, loose or missing

A

3. Any part of a torque, radius, or tracking component assembly or any part used for attaching same to the vehicle frame or axle that is cracked, loose, broken, or missing (including spring leaves, used as a radius or torque rods, missing bushings but not loose bushings in torque or track rods)

A

4. One or more fastener(s) missing, broken or loose from any spring hanger or shackle assembly

A

5. King Pins, Ball Joints, Struts: fail to meet manufacturer's wear tolerances

A

44.04

Shock Absorbers

1. If originally equipped, any missing or broken shock or mounting stud

A

2. Any rubber bushing that is deteriorated to a degree that shock metal and mounting point comes into contact (metal to metal)

A

3. Shock absorber performance is determined to be deficient during road test

B

44.05

Air Suspension

1. Deflated air suspension, i.e., system failure, leak, improperly adjusted or defective leveling valve, etc.

A

2. Any air bag worn (cord exposed)

A

3. Improperly mounted or mismatched air bag

A

4. Any missing, broken, loose, cracked or bent radius rod(s) or other air suspension components

A

5. Any bushing defect which causes the component to contact its mounting point

A

44.06

Leaks/Seals

1. Any steady leak caused by axle housing cracks, differential gasket or defective input shaft seal

A

2. Any axle seal leaking resulting in oil, grease or other fluid being thrown onto the friction surface of the brakes or brake drum

A

44.07

Positioning Components

Any component that is worn or broken that affects the alignment or location of the axle

A

45.00

Chassis

45.01

Frame/Unibody

1. Any cracked, loose, sagging or broken frame member

A

2. Any repair not performed in accordance with manufacturer's recommended procedures

A

45.02

Outriggers/Body Supports

1. Any outrigger missing, broken, shifted or damaged from improper repair (welded incorrectly)

A

2. Any outrigger mounting plate or fastener slightly loose or cracked.

B

3. Any body mount missing or broken.

A

4. Any body mount fastener or washer slightly loose.

B

45.03

Body Clamps/Insulation

1. Any 2 adjacent or total of 3 or more body clamps loose, broken or missing (as required by manufacturer's design)

A

2. More than 25% of the body to chassis insulator(s) or insulation missing or deteriorated

A

45.04

Body Cross Sills/Members

Body cross members or sills are separated, shifted, corroded or damaged to a degree that would likely result in the structural integrity being deficient

A

45.05

Bumpers

1. Any bumper missing

A

2. Any bumper not secured properly

B

46.00

Fuel Tank

1. Any physical damage to the tank or fuel container that affects its integrity

A

2. Non approved fuel container (non- USDOT spec)

A

3. Fuel cap missing

B

46.01

Mounting Brackets Guard

1. Any part of the fuel tank, fuel container or its mounting brackets are loose, missing or broken

A

2. Any required guard missing, broken or damaged

A

46.02

Connections/Leaks

Any vapor or liquid fuel leakage at any point

A

46.03

Heat Shields

Any final vehicle manufacturer required heat shield(s) missing

B

47.00

Engine

Any critical component that fails to perform its intended function

A

47.01

Operation

1. Fails to start

A

2. Engine is not in proper running condition

A

47.02

Mounts

1. Any missing, excessively worn or improper fastener

A

2. Any defective support that would result in engine shifting

A

47.03

Leak

Any leak (oil, water, etc.) that would affect engine operation

A

47.04

Belts (other than power steering)

1. Any improperly installed belt

B

2. Any belt in such a condition that results in slippage, malfunction or is likely to break

B

47.05

Cleanliness

A

1. Any abnormal accumulations of fluids or debris which may cause fire or release of toxic fumes

2. Any deposit which may render any critical components inoperative

A

47.06

Noise abatement shield

Any required shield missing

C

47.07

Pollution Control Devices

Any original equipment pollution control device rendered inoperable or disconnected

A

48.00

Electrical Components

1. Evidence of charring or burning

A

2. Insulation damaged - wire exposed

B

48.01

Starter

1. Fails to operate properly

A

2. Not properly fastened

B

48.02

Charging System

Fails to hold and maintain proper voltage

A

48.03

Battery & Cables

1. Battery not properly secured

A

2. Dead battery

A

3. Damaged or missing parts that would result in malfunction and release of contents

A

49.00

Fuel Supply System

49.01

Pump(s)/Line(s)/Connections

1. Any vapor or liquid fuel leakage at any point

A

2. Any part of the system not securely fastened

A

50.00

Air Compressor

Does not perform to manufacturer's specifications

A

50.01

Line

Any line that leaks, is cracked, chaffed, flattened, broken, restricted, insecurely fastened or improperly retained

A

50.02

Connection

Any connection that leaks, is cracked, chaffed, flattened, broken, restricted, insecurely fastened or improperly retained

A

50.03

Mounting

Any part of the system not securely fastened

A

50.04

Dryer

Fails to function properly

C

51.00

Alternate Fuel Components

Any system component that fails to meet or operate as per this Part, NFPA or any other applicable requirement

A

52.00

Road Test

52.01

Service Brake Operation

Fails to provide an even and smooth stop

A

52.02

Emergency Brake Operation

Fails to apply and maintain application until manual release

A

52.03

Interlock System Operation

Fails to activate when device is actuated

A

52.04

Other Unsafe Operational Problems

Unsafe operating conditions

A

52.05

Service Brake Stopping Distance

Fails to meet the required rate of deceleration as outlined in section 720.4(z)(1)(ii) of this Part (at a tested speed of 20 mph)

A

52.06

Emergency or Parking Brake Stopping

Fails to meet the required rate of deceleration as

A

Distance (GVWR greater than 7,716 lbs.)

outlined in section 720.4(z)(1) of this Part (75 feet at a tested speed of 20 mph)

52.07

Other Brake Stopping Distance

Fails to meet the required rate of deceleration as outlined in section 720.4(z)(1)(xvi) of this Part for parking brakes (GVWR of less than 7,717 lbs.) or section 720.4(z)(1)(x) of this Part for exit door interlock systems (75 feet at a tested speed of 20 mph)

A

(e) Main leaf identification guide. The number of leaves and main leaves in each spring type may differ from that shown but any main leaves will be in the area(s) depicted.

Image

Image

(f) Brake adjustment. Shall not meet or exceed those specifications contained hereunder relating to "Maximum stroke at which Brakes must be Readjusted." (Dimensions in inches.)

Brake Adjustment. Shall not meet or exceed those specifications contained hereunder relating to "Maximum stroke at which Brakes Must be Readjusted. (Dimensions in inches.)

Image

(g) Repealed
(h) Commercial vehicle safety alliance inspection sticker. The following is a sample of a typical inspection sticker issued by Commercial Vehicle Safety Alliance (CVSA) members throughout North America to commercial vehicles that successfully pass a Level 1 Roadside Safety Inspection. The sticker is typically placed on the front bumper of the commercial vehicle.

Image

N.Y. Comp. Codes R. & Regs. Tit. 17 § 720.11

Amended New York State Register October 5, 2016/Volume XXXVIII, Issue 40, eff. 10/5/2016
Amended New York State Register December 21, 2022/Volume XLIV, Issue 51, eff. 12/21/2022