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Can anyone help w/laws re: commercial motor vehicle regulations (federal)? Texas

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  • Can anyone help w/laws re: commercial motor vehicle regulations (federal)? Texas

    I'm posting this here because I know if someone gets in an accident w/a CMV, one of the things that's looked at (in regard to potentially paying out damages) is whether the vehicle had all its DOT inspection paperwork in order.

    Situation: my H works for a company that's certified to do periodic DOT inspections on CMV's (and he is certified himself, as is required). His company doesn't have service trucks, do any sort of road service or anything like that. At the shop only. Now, they've decided that for this one particular customer, he will have to go to *their* site to perform the inspections. I'm very scared at the thought of this potentially not being legal because DOT fines & penalties can be VERY harsh and my H, as the inspector, would be subject to them personally rather than them being levied against his company only. Same goes for lawsuits. He can be personally sued.

    This is the only thing I can find on it (from the Federal DOT site):
    (e) In lieu of the self-inspection provided for in paragraph (d) of this section, a motor carrier or intermodal equipment provider responsible for the inspection 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.

    RE: "provided that the business operates and maintains facilities appropriate for commercial vehicle inspections..."

    I can't find anything that gives a definition of appropriate facilities. I do know that there are shops that perform mobile DOT inspections, but every one that I looked up did so via a service truck, which I'm guessing would constitute a "mobile facility" of sorts and that's how they keep in compliance with the regulation. Something has to define it, and it must be imperative that some sort of facility is used or they wouldn't bother mentioning it. Right?

    My H drives a compact car. He doesn't have air hoses and oil tanks and jacks and whatever else are on service trucks, nor can he haul around that sort of equipment in the car. I don't know how his car would possibly qualify as an acceptable facility.

    I was thinking maybe they're trying to get around it by him using the customer's facilities (there is a shop at their location), but that's not what the regulation says. It says the inspector's company must maintain and operate it.

    I'm really scared that he'll start doing these and it will come back later that the inspections aren't really valid. He can't refuse to do them or he'll be fired, and he has to start doing them immediately, so quitting and finding another job before this begins is impossible. I'm scared that we're stuck in a situation where we could end up losing everything no matter what, so any help would be greatly appreciated.

  • #2
    Das ist in der Doktor!

    Nope.

    I think speaking with an attorney would be your best bet.
    Good luck.

    .._______________________
    ~ Free advice is like a public defender,
    …you get what you pay for. ~ drr

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    • #3
      I agree that talking to an attorney would be your best bet in this case.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Or call the DOT and ask them about it. Someone there can probably give you good advice. Nothing in the reg you quoted leads me to believe that the mobile inspection would be a problem since the company maintains a facility, and he is qualified. If the truck being inspected needs work, it will fail inspection and have to be transported to the shop.
        Bob Bollinger, Attorney
        Board Certified Specialist in NC Workers' Compensation Law
        Charlotte, NC

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