Warning: Laws are subject to change without notice.<\/span> <\/p>\n ANNUAL INSPECTIONS FOR CMV\u2019S<\/span><\/strong><\/p>\n Q: <\/strong>Can a repair shop just buy annual inspection forms and then just start doing inspections?\u00a0 Could that make me be out of compliance?\u00a0 Thank you \u2013 Nancy in Illinois<\/p>\n A: Provided by Jim Brokaw<\/a>, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB: <\/strong>49 CFR 396.17 states it\u2019s the responsibility of the motor carrier (you) to inspect, or cause to be inspected, all of the CMVs you control.\u00a0 However, anyone can buy the inspection forms and do inspections, whether they\u2019re qualified or not.\u00a0 49 CFR 396.19 makes it your responsibility as the motor carrier to ensure that the person performing your inspections is qualified.\u00a0 In lieu of self-inspections, you can have a commercial garage or other similar commercial business perform the inspection as your agent, provided they have facilities appropriate for commercial vehicle inspections and employ qualified inspectors, as required by 396.19.\u00a0 You must have access to their inspector\u2019s qualifications should you ever be asked by the USDOT.\u00a0 Since the FMCSA will not endorse or certify any products or private businesses, any claim of USDOT or FMCSA approval or certification should be questioned.<\/p>\n HOLDING ON TO OLD LOGBOOKS<\/span><\/strong><\/p>\n Q:<\/strong> How long should I keep my old logbooks? \u2013 Keith in Maryland<\/p>\n A: Provided by Sgt. Pete Camm<\/a>, California Highway Patrol, Commercial Vehicle Section, Sacramento, CA:<\/strong>It depends on what you are using the logbooks for, besides keeping track of hours of service.\u00a0 If your CMV is registered pursuant to the International Registration Plan (IRP) and\/or registered under the International Fuel Tax Agreement (IFTA) and you are keeping track of mileage ran in each state (jurisdiction) in your logbook, you will need to keep them for years.\u00a0 Statutorily, the State of California may audit for a period up to three years.\u00a0 Therefore, a California-based operator is required to maintain records for about five years.\u00a0 Since California\u2019s mileage reporting period is from July 1 of one year to June 30 of the next, a driver submitting mileage for the 2011 IRP registration year would submit mileage accrued from July 1, 2009, through June 30, 2010 \u2013 up to an 18-month delay.\u00a0 You should check with the Maryland Motor Vehicle Administration (MVA) online at www.mva.maryland.gov<\/a> to find out how many years they can audit.<\/p>\n A HARSH LEVEL 1 INSPECTION<\/span><\/strong><\/p>\n Q:<\/strong> I have been a car hauler for seven years with the same company.\u00a0 I was recently pulled in for a Level 1 inspection and received several citations by an overly ambitious and very unhappy officer.\u00a0 In total, I received eight non-out-of-service violations and nine out-of-service violations!\u00a0 The officer also worded the violations in such a way as to increase the severity.\u00a0 I am an owner operator and I need to feed my family.\u00a0 Can I dispute the Level 1 or try to lower the violations, or is it all set in stone?\u00a0 Thanks \u2013 Steve in California<\/p>\n A:<\/strong> Provided by the newest member of our team, Officer Amy Bachelor<\/span>, California Highway Patrol, Commercial Vehicle Section, Sacramento, CA:<\/strong> The FMCSA has developed the DataQs system as an electronic means for filing concerns about Federal and State data.\u00a0 After registering with DataQs, you can file a challenge to violations listed on any inspection conducted in the last 24 months.\u00a0 Be sure to provide supporting documents when making a challenge.\u00a0 The FMCSA will automatically forward the concern to the appropriate state office for resolution.\u00a0 You can register with the DataQs system online at https:\/\/dataqs.fmcsa.dot.gov<\/a>.<\/p>\n
\n These interpretations were made on February 12, 2011<\/span><\/p>\nBrought to you as a public service by Ol\u2019 Blue, USA and 10-4.
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