TITLE 49 - TRANSPORTATION

SUBTITLE B - OTHER REGULATIONS RELATING TO TRANSPORTATION

CHAPTER III - FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

SUBCHAPTER B - FEDERAL MOTOR CARRIER SAFETY REGULATIONS

PART 398 - TRANSPORTATION OF MIGRANT WORKERS

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]