Are companies performing annual inspections required to be certified?

From an NTEA member We perform annual inspections and are wondering if we need to be certified to do so. Although there is no certification process for businesses (other than federal or state motor carrier safety agencies), there are annual inspection requirements for companies and qualification requirements for employees performing inspections. Annual inspections are required under Federal Motor Carrier Safety Regulation (FMCSR) 49 Code of Federal Regulations (CFR) Part 396 – Inspection, Repair, and Maintenance. They apply to commercial motor vehicles (CMVs), and motor carriers (owners or operators) are responsible for maintaining compliance with annual inspections for all CMVs under their control. Understanding inspection and recordkeeping responsibilities is an important part of providing an annual inspection. FMCSR Periodic Inspection Part 396.17 details annual inspection requirements for CMVs and allows motor carriers to perform their own inspections if qualified personnel are available; or “a motor carrier or intermodal equipment provider responsible for the inspection may choose to have a commercial garage, fleet leasing company, truck stop, or other similar commercial business perform the inspection as its agent, provided that business operates and maintains facilities appropriate for commercial vehicle inspections and it employs qualified inspectors, as required by Section 396.19.” Assuming you already have the facilities to offer these services, some of your employees would need to meet inspection qualifications of Section 396.19, Paragraph (b) on inspector qualifications, which states “[m]otor carriers and intermodal equipment providers must retain evidence of that individual’s qualifications under this section.” This means personnel performing inspections need to meet specific qualifications, and records documenting them must be retained. Along with qualifications in Part 396.19, there are additional requirements (contained in Part 396.25 – Qualifications of Brake Inspectors) for employees performing the brake portion of the inspections. Although Part 396.25 specifically places responsibility on the motor carrier (CMV owner or operator) to “ensure that all inspections, maintenance, repairs or service to the brakes of its commercial motor vehicles, are performed in compliance with the requirements of this section,” documentation of these qualifications should also be maintained. Record retention of periodic inspections is another function of providing inspection services, with requirements found in Part 396.21. For necessary proof that a CMV has undergone a proper annual inspection, refer to Part 396.17(c), which contains inspection documentation requirements. Motor carriers may use the inspection report or a label as proof of compliance with the annual inspection requirements for a given CMV, but one or the other must be on the vehicle. However, as stated in Part 396.21 (b)(3), a motor carrier must be able to provide an original or copy of the current annual inspection report to motor carrier enforcement upon demand. As such, it’s useful to maintain copies of documentation so you can respond to customers’ urgent report requests, even if a given CMV bears a label. Inspection reports must be retained for 14 months from their date, but may be retained by another “entity that is responsible for the inspection,” so having readily-accessible current reports to provide on-demand to customers could be a value-added component to your inspection services. Although federal requirements do not mandate specific placement of annual inspection labels on a CMV, some state inspection programs may. Either way, the CMV driver will need to know the label location and be able show it to enforcement officials. Some states have approved periodic inspection programs deemed equivalent or better than federal requirements, and have inspector training and certification programs. If the state in which the commercial vehicle is licensed has an approved periodic inspection program, it takes precedence over federal requirements — including qualifications or potential certification of the inspector. If you are located in a state with a mandatory program, check with the applicable motor carrier enforcement agency on requirements to perform inspections. States without an inspection program default to federal requirements of Part 396.

Are companies performing annual inspections required to be certified?

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