FMCSR Governing the Requirements
FMCSR Governing the Requirements for and Maintenance of Vehicle Equipment
Specific regulations govern both the requirements for and sufficiency
of component part equipment. The regulations entitled "Parts &
Accessories Necessary for Safe Operation," which are found in part at
49 C.F.R. ?393, cover requirements for a multitude of equipment and
should be consulted when a specific component system is suspected of
causing or substantially contributing to an accident. For purposes of
this article, highlighted emphasis is placed on regulations governing
lighting, brakes, wheels and tire systems only, even though the
regulations cover requirements for additional parts and accessories.
Specific regulations govern many additional component part systems and
should be consulted as they become potentially relevant to any given
claim.
Every Motor Carrier
>FMCSR Governing the Requirements for and Maintenance of Vehicle Equipment
Specific regulations govern both the requirements for and sufficiency
of component part equipment. The regulations entitled "Parts &
Accessories Necessary for Safe Operation," which are found in part at
49 C.F.R. ?393, cover requirements for a multitude of equipment and
should be consulted when a specific component system is suspected of
causing or substantially contributing to an accident. For purposes of
this article, highlighted emphasis is placed on regulations governing
lighting, brakes, wheels and tire systems only, even though the
regulations cover requirements for additional parts and accessories.
Specific regulations govern many additional component part systems and
should be consulted as they become potentially relevant to any given
claim.
Every Motor Carrier
Every motor carrier, its officers, drivers, agents, representatives,
and employees directly concerned with the inspection and maintenance
of motor vehicles shall comply and be conversant with the rules of
this part.
49 C.F.R. ?396.11 requires covered drivers to complete at the end of
the day a "driver vehicle inspection report" that identifies the
vehicle and lists any defects or deficiencies that would affect the
safety of the vehicle's operation or result in a mechanical breakdown.
49 C.F.R. ?396.13 requires a legible copy of the last vehicle
inspection report be carried in the power unit of each vehicle. Before
each trip, a driver must review the last vehicle inspection report and
be satisfied that the vehicle is in safe operating condition.
49 C.F.R. ?396.17, entitled "Periodic inspection," requires periodic
owner-operator inspection of the vehicle in accordance with the terms
of the regulation. 49 C.F.R. ?396.21 details the specific requirements
for the content of a written inspection report and requires that the
original or a copy of the inspection report be retained by the motor
carrier for a period of fourteen months from the date of the
inspection report.
Brakes
49 C.F.R. ?393.40 requires in subsection (a) "a bus, truck, truck
tractor or a combination of motor vehicles must have brakes adequate
to control the movement of, and to stop and hold, the vehicle or
combination of vehicles." Specific brake requirements are thereafter
specified in some detail by 49 C.F.R.?393.41 through 49 C.F.R.
?393.55.
49 C.F.R. ?393.48 provides the general rule that ".all brakes with
which a motor vehicle is equipped must at all times be capable of
operating."
Of considerable significance is the regulation 49 C.F.R. ?393.52,
governing the precise requirements of brake performance. Under 49
C.F.R. S393.52, commercial motor vehicles, inter alia, must meet the
following specific criteria:
1. Developing a braking force at least equal to the percentage of its
gross weight specified in the table accompanying this regulation;
2. Decelerating to a stop from 20 miles per hour at not less than the
rate specified in the table accompanying this regulation; and
3. Stopping from 20 miles per hour in a distance, measure from the
point at which movement of the service brake pedal or control begins,
that is not greater than the distance specified in the table
accompanying this regulation.
More Laws
Lighting Devices, Reflectors and Electrical Equipment
49 C.F.R. ?393.1 establishes the specific mandate that:
Every employer and employee shall comply and be conversant with the
requirements and specifications of this part. No employer shall
operate a commercial motor vehicle, or cause or permit it to be
operated, unless it is equipped in accordance with the requirements
and specifications of this part.
49 C.F.R.?393.9 generally requires that "all lamps on the vehicle be
capable of operation at all times."
49 C.F.R. ?393.11 sets forth, in great detail, requirements of color,
position and required lighting devices by type of commercial motor
vehicle. Diagrams illustrating the locations of lighting devices and
reflectors, by type and size of commercial motor vehicle, are shown in
great detail in this section of the regulations. Review of these
regulatory lighting requirements is advisable should inadequate
lighting become a potential issue in a claim. 49 C.F.R. ?393.11
through 49 C.F.R. ?393.26
Tires and Wheels
Vehicle tires are subject to the requirements of specific motor
carrier regulation 49 C.F.R. ?393.75, which reads in part:
a) No motor vehicle shall be operated on any tire that (1) has body
ply or belt material exposed through the tread or sidewall, (2) has
any tread or sidewall separation, (3) is flat or has an audible leak,
or (4) has a cut to the extent that the ply or belt is exposed;
b) Any tire on the front wheels of a bus, truck, or truck tractor
shall have a tread groove pattern depth of at least 4/32 of an inch
when measured at any point on a major tread groove. The measurements
shall not be made where tire bars, humps, or fillets are located; and
c) Except as provided in paragraph (b) of this section, tires shall
have a tread groove pattern depth of at least 2/32 of an inch when
measured in a major tread groove. The measurement shall not be made
where tire bars, humps or fillets are located.
Specific requirements for "wheels" are specifically provided for under
49 C.F.R. ?393.205, which states:
a) Wheels and rims shall not be cracked or broken;
b) Stud or bolt holes on the wheels shall not be elongated (out of round); and
c) Nuts or bolts shall not be missing or loose.