396.3(a)(1) Violations

Roadside inspectors are using 396.3(a)(1) as a “catch all” to cite companies for alleged vehicle defect violations. Two examples are Driver Vehicle Examination Reports listing missing mudflaps and driver/passenger door window operation as defects under 396.3(a)(1). Mudflaps and window operations are not items listed in Part 393, nor do they effect the safety operation of the vehicle. A vehicle being operated with these conditions would not be likely to cause an accident or breakdown of the vehicle.

§396.3(a)(1) states that parts and accessories shall be in safe and proper operating condition at all times. These include those specified in part 393 of the 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. Using this section for items or conditions not found in Part 393 or those not effecting the safety of operation causes undue burden to the motor carrier as points are added to the CSA maintenance basic and/or must be challenged in the DataQ system.

Request for the CVSA develop an Inspection Bulletin describing the appropriate use of 396.3(a)(1). I. E. – if the item or condition is listed in Part 393, listed in the SMS Appendix A Violation List, or can be articulated that the condition will likely cause an accident or a breakdown of the vehicle.