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Re: NJT NABI buses will start to arrive in South Jersey

Posted by JAzumah on Sun Sep 6 15:59:46 2009, in response to Re: NJT NABI buses will start to arrive in South Jersey, posted by QM18Express on Sun Sep 6 14:18:33 2009.

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§390.21 Marking of CMVs.
[Change Notice]

[New Text]



Editor''s Note: Paragraph 390.21(a) below is effective until June 17, 2009.


(a) General. Every self-propelled CMV, as defined in §390.5, subject to subchapter B of this chapter must be marked as specified in paragraphs (b), (c), and (d) of this section.

[Change Notice]

[New Text]

(b) Nature of marking. The marking must display the following information:

(b)(1) The legal name or a single trade name of the motor carrier operating the self-propelled CMV, as listed on the motor carrier identification report (Form MCS-150) and submitted in accordance with §390.19.



Editor''s Note: Paragraph 390.21(b)(2) below is effective until June 17, 2009.


(2) The motor carrier identification number issued by the FMCSA, preceded by the letters “USDOT”.

LINK

New York City Transit is in violation of this. New York City Bus is not an operating entity. I know someone that was fined for this. The ticket was $200 for one violation.



§396.17 Periodic inspection.
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[New Text]

(a) 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 Appendix G of this subchapter.


EDITOR''S NOTE: Appendix G is located at the back of this pocketbook.



EDITOR''S NOTE: Appendix G is located at the back of this handbook.




NOTE: The term commercial motor vehicle includes each vehicle in a combination vehicle. For example, for a tractor semitrailer, fulltrailer combination, the tractor, semitrailer, and the fulltrailer (including the converter dolly if so equipped) shall each be inspected.


(b) Except as provided in §396.23, a motor carrier shall inspect or cause to be inspected all motor vehicles subject to its control.

(c) A motor carrier shall not use a commercial motor vehicle unless each component identified in Appendix G has passed an inspection in accordance with the terms of this section at least once during the preceding 12 months and documentation of such inspection is on the vehicle. The documentation may be:

(1) The inspection report prepared in accordance with paragraph 396.21(a), or

(2) Other forms of documentation, based on the inspection report (e.g., sticker or decal), which contains the following information:

(i) The date of inspection;

(ii) Name and address of the motor carrier or other entity where the inspection report is maintained;

(iii) Information uniquely identifying the vehicle inspected if not clearly marked on the motor vehicle; and

(iv) A certification that the vehicle has passed an inspection in accordance with §396.17.

(d) A motor carrier may perform the required annual inspection for vehicles under the carrier’s control which are not subject to an inspection under §396.23(b)(1).

(e) In lieu of the self inspection provided for in paragraph (d) of this section, a motor carrier may choose to have a commercial garage, fleet leasing company, truck stop, or other similar commercial business perform the inspection as its agent, provided that business operates and maintains facilities appropriate for commercial vehicle inspections and it employs qualified inspectors, as required by §396.19.

(f) Vehicles passing roadside or periodic inspections performed under the auspices of any State government or equivalent jurisdiction or the FMCSA, meeting the minimum standards contained in Appendix G of this subchapter, will be considered to have met the requirements of an annual inspection for a period of 12 months commencing from the last day of the month in which the inspection was performed, except as provided in §396.23(b)(1).

(g) It shall be the responsibility of the motor carrier to ensure that all parts and accessories not meeting the minimum standards set forth in Appendix G to this subchapter are repaired promptly.

(h) 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).

LINK

This is a $500-$1,000 fine per violation. Again, New York City Transit is in violation of this.


A bus company just received an $80,000 fine for not inspecting buses, not having full insurance, AND using drivers after they tested positive for drugs. The fine is fair, but USDOT likes to go after little guys struggling to eat. It was a big deal when the guy in California flipped his bus, but we have someone running over 200 interstate trips a day that has no external oversight on their buses. Talk about cute.






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