Roadability

IMPORTANT DVIR/ROADABILITY Regulatory Information – No Defect DVIR (5/20/11): On August 20, 2010, the Federal Motor Carrier Safety Administration announced that it would extend the compliance date, with respect to the No Defect DVIR submission requirement for intermodal equipment, outlined in section 390.42 (b) covered by the roadability regulations, until June 30, 2011. FMCSA has announced today a further extension for compliance until June 30, 2012.

Prior action on No Defect DVIR: The Federal Motor Carrier Safety Administration (FMCSA) announced in the Federal Register that it would extend the compliance date with respect to the No Defect Driver Vehicle Inspection report (DVIR) submission requirement, outlined in section 390.42 (b), until June 30, 2011.

Prior action: On July 30, 2010, the Federal Motor Carrier Safety Administration (FMCSA) announced that it would extend the June 30, 2010 compliance date that would become effective upon announcement in the Federal Register. Until publication, DVIRs for all equipment returned to an IEP were required.

Update, July 26, 2010: The FMCSA Web site containing the FMCSRs has yet to be updated to reflect the addition of the “roadability” rules within the regulations.

On December 18, 2009, the FMCSA announced the release of several technical amendments and responses to petitions to the final roadability rule. Importantly, the deadline for formal submission of Driver Vehicle Inspection Reports (396.11 & 396.12) and Driver Vehicle Examination Reports (396.9) has been extended until June 30, 2010. All other provisions of the December 17, 2009 compliance date will remain unchanged.

The Federal Motor Carrier Safety Administration's (FMCSA) "roadability" rule, published in the December 17, 2008 Federal Register, became effective on June 17, 2009. These regulations make intermodal equipment providers (IEPs) subject to the Federal Motor Carrier Safety Regulations (FMCSRs) for the first time, and establish shared safety responsibility among intermodal equipment providers, motor carriers, and drivers.

The FMCSA has provided extensive information to assist Intermodal Equipment Providers (IEPs) with compliance as follows:

FMCSA has also set up a Help Line at 1-800-832-5660 for questions regarding registration. For other inquiries, you may wish to contact FMCSA at IEPinfo@dot.gov.

Key compliance dates:

  • Intermodal Equipment Providers (IEPs) must comply with the requirements for establishing systematic inspection, repair, and maintenance programs, recordkeeping systems, and for submitting Form MCS-150C by 12/17/2009.
  • IEPs must comply with the requirement to mark their intermodal chassis with a USDOT identification number by 12/17/2010.

On January 16, 2009, the Association of American Railroads, the Institute of International Container Lessors, IANA and Ocean Carrier Equipment Management Association requested that the FMCSA give additional consideration to accepting an industry-proposed alternative to the four equipment marking options found in the final rule. The intermodal industry recommended an identification system that would use existing unique alpha-numeric control numbers currently appearing on chassis that would be matched to the appropriate intermodal equipment provider.

The Global Intermodal Equipment Registry (GIER) virtual solution would provide a central database where all chassis in use throughout the United States are registered. This web-based portal with supporting applications will provide a comprehensive system to record ownership and operating control characteristics of intermodal equipment that can be used by government entities to determine regulatory compliance.

Historical Information

The Department of Transportation (DOT) announced a proposed schedule in December 2006 for its roadability rulemaking that could have resulted in issuance of a final rule on April 24, 2008. The publication date for the rule was delayed several times. The DOT said that additional coordination was necessary and that there had been other, higher priorities and unanticipated issues that required further analysis.

Please click the links below for historical information relating to the proposed rule and subsequent actions: