Violation: 396.3(a)(1)

Parts and accessories shall be in safe and proper operating condition at all times. In other words some item on the tractor/trailer was not functioning properly.

 

Per the CSA 2010 Comprehensive Safety book-
Section 396.3(a)(1) states:

"Violation Description - Inspection/repair and maintenance parts and accessories
Violation Group Description - Wheels, Studs, Clamps, Etc.
Violation Severity Weight - 2
Driver Responsible (Y/N) - Y"

My best guess is that multiple wheels, studs, clamps, etc are bad, so they get multiple violations. Boy, that can add up QUICK.

 

§ 396.3Inspection, repair, and maintenance. (a) General. Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control.
(1) Parts and accessories shall be in safe and proper operating condition at all times. These include those specified in part 393 of this subchapter and any additional parts and accessories which may affect safety of operation, including but not limited to, frame and frame assemblies, suspension systems, axles and attaching parts, wheels and rims, and steering systems.

Part 393 covers just about anything you can think of.

http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/FmcsrGuideDetails.aspx?menukey=393

 

Probably a fire extinguisher needle not sitting completely in the green area, or fewer than 3 reflectors/flares?

 

STexan, most likely.

 

Where did this happen?

Heck it could be almost ANYTHING... Even a cracked cover plate for the mirror holder... allowing water to possible get to the mirror heater wires and mirror movement servos.

They can/could write you up for almost ANYTHING.

Heck one of our driver was even written up for a tire checking hammer on the floor of the right side of the drivers seat. Talk about being anal, the DOT's reasoning was that if a fast stop was required, the hammer could slide up and interfere with the proper working of the brake pedal.

 

I got 396.3(a)(1) in July, 2014 at the Banning scales in CA. The comment on the CSA writeup was "Applied Air Leak". In particular, when told to step on the brake pedal and hold it, the inspector heard what he called a minor air leak. He confirmed it with a spray bottle and soapy water. It was a leak at the point where a small air line went into the top of an air valve, and only leaked when the brake was pressed. I haven't a clue how a driver could press on the brake and be on the ground behind the cab at the same time to hear such a leak. No ticket was issued, no fix-it ticket was issued, and tractor was not placed OOS. In fact, the inspector issued inspection stickers for the tractor and trailer. However, it did cost me and the company 6 points on CSA (Maintenance). I felt the inspector should have given a verbal indication to get it fixed - which I did within 1/2 hour even though not ordered to do so. Not a good feeling about that particular CA DOT officer.

 

Of the above quotes, the most important line not considered is "accessories which may affect safety of operation."

"Could be anything on the truck" is not a correct assumption, it needs to be a part that, if failed, "may" effect safe operation.

As an example, a yellow engine light is NOT a violation by the letter of the law.

 

I love the DOT's vague descriptions of a problem that show up on a driver's commercial abstract. Here in Alberta we have "Fail to obey a traffic control device". It is a two demerit ticket that can mean something as simple as crossing the solid line too early before merging. Or "Operating a commercial vehicle in a prohibited manner" which meant that the driver was trying to nurse a flat tire in to get repaired. Another one is "An audible air leak"?!!! Could just be the leveling valve adjusting. Either there is an air leak or there isn't an air leak, or perhaps I just passed some gas! DOT officers are not mechanics and their job is to write tickets, I don't care how friendly they appear to be, they are not there to be your friend.
I tell my drivers all the time, when DOT is unhappy about something, whether they write a ticket or not, take pictures of whatever they are talking about. It costs nothing to take a picture these days so take many. If it involves an audible air leak then take video. It also helps to catch the officer in the pics or video, especially if they have attitude.