Louisiana Administrative Code
Title 55 - PUBLIC SAFETY
Part III - Motor Vehicles
Chapter 8 - Motor Vehicle Inspection
Subchapter E - Federal Motor Carrier Safety Regulations for Commercial Motor Vehicles (CMV)
Section III-827 - 49 Code of Federal Regulations (CFR) Section 390.15 Motor Carrier Safety Regulations
Universal Citation: LA Admin Code III-827
Current through Register Vol. 50, No. 9, September 20, 2024
A. The definition of a commercial motor vehicle is any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:
1.
has a gross vehicle weight rating or gross combination weight rating, or gross
vehicle weight, of 4,536kg (10,001 lbs) or more, whichever is greater;
or
2. is designed or used to
transport more than 8 passengers (including the driver) for compensation;
or
3. is designed or used to
transport more than 15 passengers, including the driver, and is not used to
transport passengers for compensation; or
4. is used in transporting material found by
the secretary of transportation to be hazardous under
49 U.S.C.
5103 and transported in a quantity requiring
placarding under regulations prescribed by the secretary under 49 CFR, subtitle
B, chapter I, subchapter C.
B. 49 CFR 396.17, Periodic Inspection
1. Every commercial motor vehicle shall be
inspected as required by this Section. The inspection shall include, at a
minimum, the parts and accessories set forth in LAC 55:III.829. The term
commercial motor vehicle includes each vehicle in a
combination vehicle. For example, for a tractor semitrailer, full trailer
combination, the tractor, semi-trailer and the full trailer (including the
converter dolly if so equipped) shall be inspected.
2. Except as provided in C.F.R. 396.23, a
motor carrier shall inspect or cause to be inspected all motor vehicles subject
to its control.
3. A motor carrier
shall not use a commercial motor vehicle unless each component identified in
LAC 55:III.829 has passed an inspection in accordance with the terms of this
Section at least once during the preceding 12 months. The commercial inspection
certificate conforms with C.F.R. 396.17-C-2, which waives the requirement that
a copy of the commercial annual inspection form be carried in the
vehicle.
4. It shall be the
responsibility of the motor carrier to ensure that all parts and accessories
not meeting the minimum standards set forth in LAC 55:III.829 are repaired
promptly.
5. Failure to perform
properly the annual inspection set forth in this Section shall cause the motor
carrier to be subject to the penalty provisions provided by
49 U.S.C.
521(B).
C. 49 CFR 396.21 Periodic Inspection/Record-Keeping Requirements
1. The qualified inspector
performing the inspection shall complete the record of annual commercial
inspection form (DPSSE 1019) in its entirety.
2. The original or a copy of the inspection
report shall also be retained by the motor carrier under whose control the
vehicle operates for 30 consecutive days or more, for a period of 14 months.
The inspection report shall be retained where the vehicle is either housed or
maintained. The original or a copy of the inspection report shall be available
for inspection upon demand of an authorized federal, state or local official.
a. A copy shall be kept at the MVI station
conducting the inspection for 3 years.
3. A record of annual commercial inspection
form will be completed for each unit inspected, i.e., tractor, trailer,
converter dolly, etc. When a record of annual commercial inspection form is
completed, the regular log report need not be filled out.
4. A rejected vehicle is entitled to one free
re-inspection if returned to the same inspection station within thirty
days.
AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1304-1310.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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