§ 390.44 What are the procedures to correct the safety record of a motor carrier or an intermodal equipment provider?
发布04-30
生效04-30
摘要总结AI 辅助解读
本法规明确了美国联邦汽车承运人安全管理局（FMCSA）关于修正多式联运设备提供商及汽车承运人安全记录的程序。核心在于厘清路边检查中底盘/拖车部件缺陷的责任归属：若司机在行前检查中确认§392.7(b)所列关键部件无缺陷，则设备提供商不为此类违规负责；反之，非关键部件的隐蔽缺陷通常不计入司机的安全适性评估。双方均可通过DataQs系统在线申诉或请求FMCSA调查对方在设备交换中的违规行为。
- (a) An intermodal equipment provider or its agent may electronically file questions or concerns at http://dataqs.fmcsa.dot.gov about Federal and State data that reference the provider. This includes safety violations alleging that the components, parts, or accessories of intermodal chassis or trailers listed in § 392.7(b) of this chapter were not in good working order when inspected at roadside. An intermodal equipment provider should not be held responsible for such violations because a motor carrier indicated pursuant to § 392.7(b) that these components, parts, or accessories had no safety defects at the time of the pre-trip inspection.
- (b) A motor carrier or its agent may electronically file questions or concerns at http://dataqs.fmcsa.dot.gov about Federal and State data that reference the motor carrier. This includes safety violations alleging that any components, parts, or accessories of intermodal chassis or trailers, except those listed in § 392.7(b) of this chapter, were not in good working order when inspected at roadside. Such violations will not be used by FMCSA in making a safety fitness determination of a motor carrier (unless there is evidence that the driver or motor carrier caused or substantially contributed to the violations) because the driver could not readily detect these violations during a pre-trip inspection performed in accordance with § 392.7(b).
- (c) An intermodal equipment provider, or its agent , may request FMCSA to investigate a motor carrier believed to be in noncompliance with responsibilities under 49 U.S.C. 31151 or the implementing regulations in this subchapter regarding interchange of intermodal equipment by contacting the appropriate FMCSA Field Office.
- (d) A motor carrier or its agent may request FMCSA to investigate an intermodal equipment provider believed to be in noncompliance with responsibilities under 49 U.S.C. 31151 or the implementing regulations in this subchapter regarding interchange of intermodal equipment by contacting the appropriate FMCSA Field Office.