MAP-21 - Part 396 Violations for Covered Farm Vehicles

According to MAP-21 and the recent addition of covered farm vehicles, these vehicles and drivers have been granted several exemptions from the FMCSR. The exemption of concern is from the entirety of 49 CFR Part 396 Inspection, Repair, and Maintenance which is the section of the regulations that enables an Inspector to place a unsafe vehicle out-of-service and requires the driver and/or carrier to correct the out-of-service condition prior to enabling the driver to continue the trip. The regulation that pertains to this is found in 49 CFR Part 396.9(c)(1) and (2). I do understand that 49 CFR Part 393 Parts and Accessories still applies to these vehicles and can be used to place the vehicle out-of-service, but the section of the FMSCR that gives an Inspector the authority to detain a vehicle until the out-of-service conditions have been repaired is only found in 40 CFR Part 396.9(c)(1) and (2). Also, there are several vehicle equipment defects noted in the North American Standard Out-of-Service Criteria, such as in Part II 7. Fuel Systems (a)(1)A fuel system with a dripping leak (396.3(a)(1)), that would not apply to these vehicles.

This is an urgent matter that should be addressed as soon as possible while the covered farm vehicle guidance is relatively new and field personnel are still familiarizing themselves with the changes. I can see a situation where an inspection could be conducted roadside and an Inspector who is accustomed to detaining a vehicle that has been placed out-of-service could have an issue dealing with a covered farm vehicle driver who may be more familiar with the exemptions and changes. Does CVSA intend to provide guidance pertaining to a situation where this would be addressed?

It would be important to all Inspectors that this concern is addressed by either CVSA providing additional uniform guidance relating to these type of situations involving covered farm vehicles and drivers or by submitting a letter to CVSA to receive additional guidance.