Definition of Safety Related Defects as per 396.11(c)
| Entry Date | June 12, 2005 |
|---|---|
| Issue Number | 05-022-VEH |
| Name | Robert A. Watkins |
| Agency | Consolidated Safety Services |
| Address | 10301 Democracy Lane, Suite 300Fairfax, Virginia, 22030United StatesMap It (opens in a new tab) |
| Phone | 3017045225 |
| [email protected] | |
| Committee | Vehicle Committee |
| Status | Closed |
| Summary of Issue | Safety related defects and what constitutes “proper operating condition” as well as what parts and/or accessories that “may” and/or “would likely affect the safety of operation” of a commercial motor vehicle are inconsistent and poorly defined within the regulations and subsequently prevent the proper levels of accountability and responsibility being placed on a motor carrier subsequent to an on-site compliance review that would have an impact on the motor carrier’s safety rating. |
| Justification or Need | Extremely urgent. |
| Request for Action | FMCSA to define “safety related defects” in the regulations to be consistent with the Guidance issue under 396.11(c) (Question 6) as any item listed in Appendix G. And to include critical and/or acute regulations placing adequate accountability and responsibility for the driver’s failure to list defective safety related items on the DVIR and the carrier’s failure to make prompt repairs to safety related items listed on the DVIR before the vehicle is again operated. |