Frequently Asked Questions
EQUIPMENT MAINTENANCE
QUESTION: ATA please confirm my understanding of FMCSR 396.3(c) Record Retention. We do need to keep our maintenance records for one year and six months after we sell, scrap or otherwise get rid of a truck - is that correct?
ANSWER: That is mostly correct. Let's clarify one point in your question. According to FMCSR 396.3(c) you must keep the maintenance records for:
- One year, and then you can purge as you start into the second year.
- After you eliminate a piece of equipment, you may purge the records after six months.
Having said that, you must look at FMCSR 379.13, Appendix A to Part 379, and specifically section (D) titled “Property & Equipment.” This section deals with financial records pertaining to property and equipment, depreciation of equipment, etc.
If you do keep these records in the maintenance file, you must keep them for three years. It is the company's choice to separate these records or combine them.
QUESTION: I have scoured the book for the regulation that would cover cracked and or damaged brake shoes. Can you point me in the right direction for this reg?
ANSWER: Most of the operative parts of the braking system are regulated in FMCSR Part 393 Subpart (C) – Brakes.
Brake linings are specifically addressed in 393.47 and 393.48. Additionally, you are required to abide by FMCSR Part 396.3.
Specific out of service criteria are addressed in what is called the North American Standard Out-of-Service Criteria, published by the Commercial Vehicle Safety Alliance (CVSA). Under cracked, loose, or missing lining, the criteria states:
- Lining cracks or voids of 1/16 inches (1.6mm) in width observable on the edge of the lining.
- Portions of a lining segment missing such that a fastening device (rivet or bolt) is exposed when viewing the lining from the edge.
- Cracks that exceed 1-1/2 inches (38mm) in length.
- Loose lining segments (approximately 1/16 inch (1.6mm) or more movement).
- Complete lining segment missing (393.47)
QUESTION: I understand that vehicle condition reports are supposed to be kept for 90 days. Is the white original copy sufficient or do we also need to keep the book with the yellow carbon copies?
ANSWER: Whatever is the original copy of the DVIR is acceptable. FMCSR Part 396.11 (c)(1) & (2) apply.
QUESTION: How long do we need to keep our daily vehicle inspection paperwork?
ANSWER: Your question is answered in FMCSR Part 396.11 (c)(2) which states “every motor carrier shall maintain the original driver vehicle inspection report, the certification of repairs, and the certification of the driver’s review for three months from the date the written report was prepared.”
QUESTION: Can you please give us a refresher and applicable regs on when annual inspections are required? The trailer in question is a double axle flat bed that can be towed behind a pick up. GVWR on the trailer is 9980 Lbs. Trailer was being towed by one of our rental dump trucks. Thanks in advance for help.
ANSWER: The first thing you have to do is define if the vehicle is a CMV or not. Here are the applicable FMCSR regs:
To address questions or comments to the FAQ service, please call John Backowski at 602.850.6002 or email him at jbackowski@aztrucking.com
Thank you and have a safe day!