§ 23-16-507 — Maintenance and repair program

(a) A contract carrier shall establish a maintenance and repair program to include at least weekly inspections under this section. (b) A contract carrier's maintenance and repair program shall include checking parts and accessories for safety and proper operation at all times, including the items under subsection (c) of this section, and overall cleanliness of the motor vehicle. (c) A motor vehicle used by a contract carrier shall have: (1) Tires with sufficient tread as prescribed under 49 C.F.R. § 393.75 , as in effect on January 1, 2009; (2) A spare tire that is fully inflated; (3) A secured location for personal baggage, including proper restraints; (4) Fully operational seatbelts for all passenger seats; (5) If the weather requires it, traction devices, studs, or chains; (6) A heater and air conditioner that are properly working with properly working fans; and (7) An emergency road kit that contains at least a tire inflating aerosol can, flares or reflective triangles, jumper cables, and a fire extinguisher. (d) A motor vehicle shall not be operated in a condition that is likely to cause an accident or mechanical breakdown. (e) (1) A contract carrier shall maintain records for its maintenance and repair program for each motor vehicle. (2) The records shall include: (A) Identifying information for the motor vehicle to include the vehicle identification number, make, year manufactured, and company identification number if one is provided; (B) Owner information if the contract carrier is not the owner of the vehicle; and (C) The history of inspections, repairs, and maintenance that describe the activity and the date the activity was performed. (3) (A) Except as provided under subdivision (e)(3)(B) of this section, the records under this subsection shall be maintained by the contract carrier at its place of business for one (1) year. (B) If the motor vehicle leaves the contract carrier's control, the records under this subsection shall be maintained by the contract carrier at its place of business for six (6) months. (f) A contract carrier and its officers, drivers, agents, and employees who are concerned with the inspection or maintenance of motor vehicles shall comply with and be knowledgeable of the contract carrier's maintenance and repair program under this section.

Legislative History

Acts 2009, No. 243, § 1.