Roadside Inspection Reports - See Notes

The request is being submitted because there are some states that allow their inspectors when citing a violation on the Aspen report, write in the Violation Description section a partial description of the violation and then add "See Notes". The inspector then will refuse or just not provide the driver/motor carrier a copy of the inspection report with the inspector notes. A couple of examples from different states are 395.8-"False Records of Duty Status-See Notes" and 396.3(a)(1)"Brakes-See Notes".

The importance of this is that the inspector and the state when failing to provide the driver/motor carrier a copy of the Aspen inspection report with the notes is requiring the motor carrier to violate Part 390.35 of the FMCSR. The motor carrier is required to submit the inspection to the respective inspecting jurisdiction within 15 day. The copy of the inspection report has to include certification by the motor carrier that corrective action has been taken to correct each violation cited on the inspection report. If a carrier does not have any violation description concerning the particular part of the FMCSR cited, then they cannot legally certify the violation has been corrected. In essence, the state is requiring the motor carrier to falsify a FMCSR required document. The majority of the states will upon request send a copy of the inspection report using the RDR system. One state in particular says that if the motor carrier wants a copy of the inspection report with the inspector notes, then go to court and ask for it.

This "Request for Action" involves asking for two things. One, when an inspector completes the violation description and the limited space available requires him to use "See Notes" that he provide the driver a copy of the inspection with the notes. Two, that if a state refuses to allow their inspectors to provide drivers/motor carriers with inspection reports with notes, then the carrier is not required to certify that corrective action has been taken when returning the inspection reports to the state.