396.3(a)(1) Violations in the OOSC

On July 6, 2012, the President signed into law Moving Ahead for Progress in the 21st Century Act” (MAP–21). MAP-21 included two provisions applicable to the operation of commercial motor vehicles (CMVs) for agricultural purposes. One section of this is 32934, ―Exemptions from Requirements for Covered Farm Vehicles. This was effective October 1, 2012. The operation of covered farm vehicles is now exempt from: 49 CFR Part 396: Inspection, Repair and Maintenance

Motor vehicle inspectors conducting MCSAP inspections utilize the Commercial Vehicle Safety Alliance North American Standard Out-of-Service Criteria. Many violations listed in this standard reference Part 396.3(a)(1)) as the regulation to cite when placing the vehicle out of service. This is a general section that requires parts and accessories to be in safe and proper operating condition at all times. As a result of Map-21, and the exemption of Part 396 for covered farm vehicles, this section is no longer applicable when inspecting a covered farm vehicle.

Guidance needs to be provided to roadside inspectors on how to apply the North American Standard Out-of-Service Criteria when inspecting a covered farm vehicle and the following violations are discovered. There are approximately 47 references to 396.3(a)(1)) in the out of service criteria that need to be addressed. If there is not a specific regulation that would be applicable FMCSA may need to be petitioned to create additional regulations to address the specific violations that list 396.3(a)(1)).