Using LVL 1 Inspection performed by a State Officer at scale house as an Annual

Discussion in 'Trucking Industry Regulations' started by Jimmbuds, May 4, 2015.

  1. Jimmbuds

    Jimmbuds Medium Load Member

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    Recently I got a LVL 1 Inspection at a scale house in Tennessee, no violations. Just so happens my Annual is due for renewal, I know 396.17(f) states that you can use specific inspections as an annual. I keep a pretty good eye on the mechanics of my truck and fix stuff when it needs fixed. I realize that a LVL 1 is not as intricate as a Annual Inspection but I am confident that my truck is in good running order.

    Has anybody ever done this before?

    Also do I need to fill out annual inspection reports for this or just sticker the new stickers on my truck and use the actual inspection report from the LVL 1 Inspection?
     
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  3. Jerry12

    Jerry12 Heavy Load Member

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    if, the inspector put a CVSA decal on your equipment, it would only work for a single quarter. not a full year. dont over think your job. If your State requires the Annual Inspection get it done & put your State Decal on your equipment.
     
  4. not4hire

    not4hire Road Train Member

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    § 396.23: Equivalent to periodic inspection

    (a) A motor carrier or an intermodal equipment provider may meet the requirements of § 396.17 through a State or other jurisdiction's roadside inspection program. The inspection must have been performed during the preceding 12 months. In using the roadside inspection, the motor carrier or intermodal equipment provider would need to retain a copy of an annual inspection report showing that the inspection was performed in accordance with the minimum periodic inspection standards set forth in appendix G to this subchapter. If the motor carrier operating the commercial vehicle is not the party directly responsible for its maintenance, the motor carrier must deliver the roadside inspection report to the responsible party in a timely manner. Before accepting such an inspection report, the motor carrier or intermodal equipment provider must ensure that the report complies with the requirements of § 396.21(a).

    (b)(1) If a commercial motor vehicle is subject to a mandatory State inspection program which is determined by the Administrator to be as effective as § 396.17, the motor carrier or intermodal equipment provider must meet the requirement of § 396.17 through that State's inspection program. Commercial motor vehicle inspections may be conducted by State personnel, at State authorized commercial facilities, or by the motor carrier or intermodal equipment provider itself under the auspices of a State authorized self-inspection program.

    (2) Should the FMCSA determine that a State inspection program, in whole or in part, is not as effective as § 396.17, the motor carrier or intermodal equipment provider must ensure that the periodic inspection required by § 396.17 is performed on all commercial motor vehicles under its control in a manner specified in § 396.17.

    Citation: [73 FR 76825, Dec. 17, 2008]

    http://www.fmcsa.dot.gov/regulations/title49/section/396.23


    Question 1: Is a Commercial Vehicle Safety Alliance (CVSA) Level I or Level V inspection a "State * * * roadside inspection program" through which a motor carrier may meet the periodic inspection requirements of §396.17? If so, what evidence of inspection is required?

    Guidance:
    A Commercial Vehicle Safety Alliance (CVSA) Level I or Level V inspection is equivalent to the Federal periodic inspection requirements. A Commercial Motor Vehicle (CMV) that passes such an inspection has therefore met §396.17, unless the vehicle is subject to a mandatory State inspection program that the FHWA has determined is comparable to, or as effective as, the Federal requirements [see §396.23(b)(1)]. A Commercial Vehicle Safety Alliance (CVSA) decal displayed on the Commercial Motor Vehicle (CMV), or a copy of the Level I or Level V inspection report maintained in the vehicle, constitutes sufficient evidence of inspection.

    http://www.fmcsa.dot.gov/regulations/title49/section/396.23?guidance
     
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  5. Ridgeline

    Ridgeline Road Train Member

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    I remember that under a couple carrier's policies I leased to, if I got a level one, I fulfilled my annual.

    A level one in many cases is more intricate than the annual inspection, many of these people who do inspections at these shops do not do a good job, I've got a lot of proof of that having violations on trucks that I own that these people are supposed to find but they don't do a good job, they just do a poor inspection and it is caught by an enforcement officer.
     
  6. PackRatTDI

    PackRatTDI Licensed to Ill

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    Unless you live in Texas.[emoji4]
     
  7. Jimmbuds

    Jimmbuds Medium Load Member

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    Well let's set something straight pal, look at the regs that I listed before you post. Don't over think the post without doing thorough research prior to posting. I know I mentioned getting a inspection in a state (and I shouldn't have mentioned that) but I am looking at satisfying the annual inspection requirement set forth by the FMCSA.
     
  8. Jerry12

    Jerry12 Heavy Load Member

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    Note: Commercial Motor Vehicles registered in Texas (with a Texas License Plate) must have an inspection conductedby the Texas CMV Inspection Program. The red sticker placed on a vehicle which passes such an inspection complieswith 396.21...for vehicles not registered in a state with a mandatory CMV inspection program. A motor carrier may useany format for reporting an annual periodic inspection which complies with 396.17 thru 396.21. (a), Valid out-of-state inspection certificates will not be honored on commercial vehicles required to be registered in this state. b), A valid commercial vehicle inspection certificate issued outside of Texas is acceptable on a Texas registered commercial vehicle. (can u dig the lingo)

    > 396.21 If you have a vehicle that does not require a mandatory state inspection, you may have aprivate vehicle inspector inspect the vehicle. Alternatively, you may have a state or federal CVSALevel I or V inspection. The private inspection report or the copy of the Level I or V report mustbe maintained for a period of 14 months after the inspection, although if the vehicle was inspectedby a qualified inspector at another company, or was under the control of another companywhen it was inspected, you may allow the other company to maintain the record. You are,however, required to obtain and produce a copy of the inspection report from that other companyif requested by federal/state/local authorities within 14 months after the inspection was performed.

    >396.19 If you are a person who performs periodic (annual) inspections but not as part of themandatory program under 396.23(b) or CVSA roadside inspections, you must maintain records ofyour qualifications for the entire time you perform such inspections, and for one year thereafter.

    Jimmbuds---im pretty sure of myself...:tongueSTARS5:
     
  9. PackRatTDI

    PackRatTDI Licensed to Ill

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    Texas no longer requires an inspection sticker, hence you don't get one with a Texas CMV inspection as of March 2015. It's now tied electronically with the registration. The printed copy satisfies the yearly inspection requirement for Texas and the FMCSA regs and must be kept in the vehicle to be shown to law enforcement at their request.
     
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  10. Jerry12

    Jerry12 Heavy Load Member

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    Really, i live in texas...been working a cool operation out of state for the past few years...nose to the grind stone sort of stuf. i've been retrained...tks for the heads up, i'll get informed
     
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  11. PackRatTDI

    PackRatTDI Licensed to Ill

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    I was thrown for a loop when the loaner truck I took out didn't have the window sticker but a renewed inspection as of March in the permit book. I found out the sticker free inspections were also for commercial trucks.

    Will be interesting to see how other states handle that during dot inspections since they're so used to that window sticker, especially with the super blitz coming up.

    You know there's going to be that one officer who didn't read the email of the update of out of state changes.[emoji4]
     
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