FMCSA Issues Final Rule Setting Requirements for Intermodal Equipment Providers and Motor Carriers and Drivers Operating Intermodal Equipment
On December 17th, the Federal Motor Carrier Safety Administration (“FMCSA”) issued a Final Rule imposing requirements on intermodal equipment providers and motor carriers and drivers operating intermodal equipment (“IEP Rule”). The purpose of the IEP Rule is to establish a program ensuring the safety and maintenance of intermodal equipment, which primarily includes chassis interchanged to motor carriers and used to transport intermodal containers. An intermodal equipment provider (“IEP”) is defined as, “any person that interchanges intermodal equipment with a motor carrier pursuant to a written interchange agreement or has a contractual responsibility for the maintenance of the intermodal equipment.” The newly released rule casts a wide net, imposing new obligations on providers, motor carriers and drivers.
Under the IEP Rule, IEPs are required to do the following:
- Register and report to the FMCSA;
- Establish a systematic, documented inspection, repair, and maintenance program;
- Provide a means by which IEPs can respond to driver and motor carrier reports regarding intermodal chassis defects and deficiencies; and
- Mark each intermodal chassis offered for transportation in interstate commerce with an identification number provided by the U.S. Department of Transportation.
The IEP Rule also adopts inspection and reporting requirements for the motor carriers and drivers operating intermodal equipment.
Although the IEP rule becomes effective on June 17, 2009, certain elements are staggered and go into effect later: IEPs must comply with the requirements for establishing systematic inspection, repair, and maintenance programs; recordkeeping systems; and, for submitting Form MCS-150C by December 17, 2009. IEPs must comply with the rule’s marking requirements by December 17, 2010. FMCSA expects that the IEP Rule will avert crashes, saving lives and reducing property damage. Another expected benefit is increased operational efficiency, which should result in: (1) reducing the number of vehicles that are out of service; (2) reducing the amount of unproductive time truckers are forced to wait for chassis repairs on the road; and (3) reducing the time truckers spend at rail terminals or port facilities waiting for a roadworthy chassis.
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If you have any questions, then please contact Michael Higgins or Jesse Martin.
Please note that the foregoing is a summary of the IEP Rule published in the Federal Register on December 17, 2008. For additional information regarding the IEP Rule, please see Requirements for Intermodal Equipment Providers and for Motor Carriers and Drivers Operating Intermodal Equipment, 73 Fed. Reg. 76,794 (Dec. 17, 2008) (to be codified at 49 C.F.R. pts. 385, 386, 390, 392, 393, 396, & Appendix G to Subchapter B of Chapter III).