Before I begin to address some of the details in this legislation, I wanted to apologize for the long gap between post 1 and 2. For the first time in history the IEP’s (Intermodal Equipment Provider) including ocean carriers, railroads, chassis pool operators will be subject to the FMCSA roadability regulations. I’m going to address a few points that were of greater interest to me and give you some links for further exploration on your part.
1. Here is what the FMCSA states the IEP is responsible for in regards to this new legislation.
Each IEP must:
- Register and file using FMCSA Form MCS-150C;
- Mark each item of IME offered for transportation in interstate commerce with a U.S. Department of Transportation (USDOT) identification number;
- Establish a systematic inspection, repair, and maintenance program to assure the safe operating condition of IME;
- Maintain documentation of its maintenance program; and
- Develop and provide a means to effectively respond to driver and motor carrier reports about IME mechanical defects and deficiencies.
2. Safety requirements have also changed
- Before operating IME over the road, the driver accepting the equipment must inspect the equipment components listed in § 392.7(b) and be satisfied that they are in good working order; and
- A driver or motor carrier transporting IME must report to the IEP, or its designated agent, any known damage, defects, or deficiencies in the IME at the time the equipment is returned to the IEP or its designated agent. If no damage, defects, or deficiencies are discovered by the driver, the report shall so indicate. The report must include, at a minimum, the items in § 396.11(a)(2).
3. What are the penalties?
|Although FMCSA will not assign a safety rating to an IEP as a result of a roadability review, it will cite the IEP for violations found and may impose civil penalties.||In very general terms, consequences range from a written citation (with or without a monetary penalty), to placing an item of IME out-of-service at roadside, to prohibiting a motor carrier from transporting IME, to prohibiting an IEP from tendering IME.|
4. In general what are the major changes?
The final rule makes IEPs subject to many of the same vehicle and equipment safety regulations that apply to motor carriers. An IEP must:
- Identify its operations to the FMCSA by filing the Form MCS-150C.
- Mark its IME with the USDOT number, as required by § 390.21, before tendering the equipment to a motor carrier.
- Systematically inspect, repair, and maintain all IME intended for interchange with a motor carrier.
- Ensure that IME intended for interchange with motor carriers is in safe and proper operating condition.
- Maintain a system of driver vehicle inspection reports submitted to the IEP as required by § 396.11.
- Maintain a system of inspection, repair, and maintenance records for equipment intended for interchange with a motor carrier.
- Periodically inspect IME intended for interchange.
- At facilities at which the IEP makes IME available for interchange, have procedures in place and provide sufficient space for drivers to perform a pre-trip inspection of tendered IME.
- At facilities at which the IEP makes IME available for interchange, develop and implement procedures to repair any equipment damage, defects, or deficiencies identified as part of a pre-trip inspection, or replace the equipment, prior to the driver’s departure. The repairs or replacement must be made after being notified by a driver of such damage, defects, or deficiencies.
- Refrain from placing IME in service on the public highways if that equipment has been found to pose an imminent hazard, as defined in § 386.72(b)(1).
Most of these responses were taken directly from the FMCSA’s FAQ’s page, found here http://www.fmcsa.dot.gov/about/other/faq/faqs.asp?FAQType=23&FaqQ=&FAQTypeSub=0#name5
The Intermodal Association of North America IANA also has extensive information on their website.http://www.intermodal.org/leg_reg_files/reg_docs.shtml
To sum it up IEPs will be responsibly will be to:
- Establish a systematic inspection, repair, and maintenance program to ensure the safe operating condition of each intermodal container chassis;
- Maintain documentation of the program;
- Display the USDOT Number, or other unique identifier, on each intermodal container chassis offered for transportation in interstate commerce;
- Provide a means to effectively respond to driver and motor carrier reports about intermodal container chassis mechanical defects and deficiencies; and,
- Ensure that intermodal chassis are roadable before the equipment is made available to the driver for transport.
Let me hear some feedback on what you think!