Operational Policy 15 - 396.3(a)(1) violations

When the regulatory guidance “When should a violation of 396.3(a)(1) be cited?” was added to Operational Policy 15 in June 2022, it eliminated an inspector’s ability to cite several hazardous conditions. These conditions may not be imminent hazards but are significant hazards. I understand numerous 396.3(a)(1) violations are anticipated to be part of future legislation and possibly become 49 CFR 393 violations. However, the timeline and specifics for the change are uncertain.

§ 396.3(a)(1) Presence of rubber-coated cord or cured rubber plug in the sidewall (in a dual tire set without the tire next to it having a violation) (Not OOS). Operational Policy 15 states, “A violation of § 396.3(a)(1) shall only be cited when the condition is an imminent hazard in the North American Standard Out-of-Service Criteria or specifically indicated in CVSA Operational Policy as a violation.” The OOSC states, “The following conditions apply to all tires; however, when these conditions are found on a dual tire set, both tires must meet one or more of the conditions listed in item 12.b.” Since it is not an OOS violation and nothing in Operational Policy 15 states that it is a violation, inspectors cannot document it as such. It should be noted that the other two violations listed in the same section are stand-alone violations even when not OOS. Online information available from tire manufacturers and the tire repair industry indicates that rubber-coated cords or cured rubber plugs are not considered acceptable or safe repairs for the sidewall area, as it undergoes constant flexing, which can cause the repairs to fail. § 396.3(a)(1) A liquid fuel system with a non-dripping leak at any point (Not OOS). Currently, since it is not dripping, it is not an OOS condition and therefore not a violation. Fuel lines operate under high pressure; a minor, non-dripping leak can quickly escalate into a severe, spraying leak. Even if fuel is not actively dripping, a wet spot (seep) indicates that pressurized or gravity-fed fuel is escaping. Gasoline and other fuels produce flammable vapors, creating a high risk of fire or explosion if exposed to a heat source or spark. A non-dripping, "seeping" fuel line or tank is a symptom of a failing system. It is often a sign of corrosion or damage that will inevitably worsen, leading to a more significant, active leak. 49 CFR Appendix A to Part 396- Minimum Periodic Inspection Standards states, “A vehicle does not pass an inspection if it has one of the following defects or deficiencies: 4. Fuel System. (a) A fuel system with a visible leak at any point.” A non-dripping or seeping leak is a visible leak, and the vehicle would not pass an inspection. To maintain uniformity and avoid incorrectly documenting violations that might not be violations, I propose that we enforce this on all items in the fuel system except the fuel tank itself. Someone might have spilled fuel on the exterior of the fuel tank, and an inspector could misidentify it as a non-dripping leak. With that in mind, for the fuel tank portion of the fuel system, only non-dripping leaks at the fuel line connection to the tank should be documented as a violation. § 396.3(a)(1) Gaseous fuel system leak (<5,000 ppm) (Not OOS). Like the non-dripping liquid fuel leak, it is not an OOS condition since it is less than 5,000 ppm and therefore not a violation. It is generally not okay to have a leak in a gaseous fuel system, regardless of the concentration. Small leaks can quickly escalate or accumulate in confined spaces, reaching explosive levels. In July 2015, FMCSA released a training course for inspectors titled “Leak Detection in Natural Gas and Propane Commercial Motor Vehicles” (see attachment). On page 19 of the attachment, it states that on vehicles with suspected fuel leaks of less than 5,000 ppm the inspector should issue a violation of the Minimum Periodic Inspection Standards (listed in Appendix G to Subchapter B of Chapter III of the FMCSRs (As of October 2021, Appendix G was redesignated as Appendix A to Part 396)) on the truck inspection form citing a leak from the fuel system. § 396.3(a)(1) Tires - Not for Highway Use (non-steer axle) (Not OOS). Currently, since it is not a steer axle tire, it is not an OOS condition and therefore not a violation. It is generally not safe or recommended to use tires marked "Not for Highway Use" on highways or at sustained high speeds. These tires are generally designed for low-speed or off-road applications and cannot withstand the heat, stress, or friction of highway driving. 49 CFR Appendix A to Part 396- Minimum Periodic Inspection Standards states, “A vehicle does not pass an inspection if it has one of the following defects or deficiencies: 10. Tires. (b) All tires other than those found on the steering axle of a power unit: (7) Is marked “Not for highway use” or otherwise marked and having like meaning.” A vehicle equipped with a tire marked “Not for highway use” on a non-steer axle would not pass an inspection.

The following additions to Operational Policy 15 are suggested: Operational Policy 15 Inspection and Regulatory Guidance PART II – VEHICLE 12. TIRES Regulatory Guidance b.(3) Is a rubber-coated cord or rubber plug used in the sidewall of a tire always a violation? ANSWER: Yes, a rubber-coated cord or rubber plug in the sidewall of a tire in contact with the roadway is always a violation and should be recorded as a 396.3(a)(1) violation. However, when in a dual tire set it will not be declared out of service unless its mate also meets any of the conditions in Part II item 12.b of the out-of-service criteria. b.(4) Is it a violation to use a tire marked “Not for Highway Use” or otherwise marked and having a like meaning on a non-steer axle of a vehicle? ANSWER: Yes, a tire marked “Not for Highway Use” or otherwise marked and having a like meaning in contact with the roadway is always a violation and should be recorded as a 396.3(a)(1) violation. However, it should not be declared out of service unless it is on the steer axle of the vehicle. XX. MISCELLANEOUS FUEL SYSTEMS - Regulatory Guidance b.(9) Is a leak less than 5,000 ppm detected in a gaseous fuel system (i.e., CNG, LNG, LPG,) a violation? Yes, any leak detected in a gaseous fuel system (i.e., CNG, LNG, LPG) will be recorded as a 396.3(a)(1) violation but will not be declared out of service unless it meets any of the out of service conditions found in Part II, Section 8., Fuel systems. b.(10) Is a liquid fuel system with a leak at any point in the system that is not dripping (a seeping leak) a violation? Yes, a liquid fuel system with a leak at any point in the system will be recorded as a 396.3(a)(1) violation but will not be declared out of service until it is actively dripping. However, no enforcement should be taken for a possible non-dripping leak on the fuel tank itself except for a leak at the connection point of the fuel line to the tank.