Critical Inspection Item List - No Periodic Inspection

Currently motor carriers are being rewarded with CVSA Decal even if they have a violation of 396.17(a), No Periodic Inspection. This reward is despite the fact that said violation is considered a “Critical” violation if discovered during a Compliance Investigation and/or an “Automatic Failure” violation during a Safety Audit Investigation. 385 Appendix B, VII List of Acute and Critical Regulations. §396.17(a) Using a commercial motor vehicle not periodically inspected (critical). §385.321(b) Table to § 385.321—Violations That Will Result in Automatic Failure of the New Entrant Safety Audit 16. § 396.17(a)—Using a commercial motor vehicle not periodically inspected Requires a violation threshold (51%or more of examined records) to trigger automatic failure.

With CVSA Decals being used as a “Pre-Screen” mechanism, the issuance of these decals could lead to potentially missing carriers operating with a FMCSA OOS Order. Said OOS Orders being missed could be due to Safety Audit Failures, Non-payment of fines, etc.

I’d like to see “No Periodic Inspection or Authorized Equivalent Inspection” added to the Critical Inspection Item list. With CVSA Decals being used as a “Pre-Screen” mechanism, the issuance of these decals could lead to potentially missing carriers operating with a FMCSA OOS Order. I'm not asking for an addition to the OOSC, just adding to the "Critical Inspection Item" List, to preclude the issuance of a CVSA Decal