§ 8-2.1-25-6 — Inspections and safety standards; impoundment of motor bus; notice to contractor

Indiana § 8-2.1-25-6

• Jurisdiction: Indiana
• Art. 2.1: MOTOR CARRIER REGULATION
• Ch. 25: Inspection of Commercial Buses Used in Organizational

Text

(a) A motor bus has not been inspected and
does not meet the safety standards of this chapter unless the motor
carrier certifies to the state police department that the motor bus has:
(1) been inspected by:
(A) an employee of the motor carrier;
(B) an employee of the department;
(C) an employee of a certified third party inspector; or
(D) another individual;
who meets the requirements of 49 CFR 396.19, is certified by the
Commercial Vehicle Safety Alliance, or is certified as a
commercial motor vehicle technician by Automotive Service
Excellence; and
(2) met the inspection requirements of the federal motor carrier
safety regulations and this chapter.
(b) If the department determines that a motor carrier is not capable
of carrying out an inspection under subsection (a), the state police
department may:
(1) inspect a motor bus of the motor carrier; or
(2) request a compliance review of the safety management of the
motor carrier by the Federal Highway Administration, if the
carrier is an interstate carrier, or the motor carrier division of the
state police department, if the carrier is an intrastate carrier.
(c) Before a motor bus that has been out of service due to safety
violations may return to service, the state police department may
require a motor carrier to present the bus for inspection if the safety
violations were so severe as to call into question the maintenance
capability of the carrier. Upon notification by the carrier to the state
police department that the motor bus is ready to return to service, the
state police department may inspect the bus not more than two (2)
business days following the notification by the carrier. If the state
police department does not inspect the bus within two (2) business days
following the notification by the carrier, the carrier must have the bus
inspected by:
(1) an employee of the motor carrier;
(2) an employee of the department;
(3) an employee of a certified third party inspector; or
(4) another individual;
who meets the requirements of 49 CFR 396.19, is certified by the
Commercial Vehicle Safety Alliance, or is certified as a commercial
motor vehicle technician by Automotive Service Excellence.
(d) If a motor bus is found in operation without correction of the
safety violations that caused it to be placed out of service, the state
police department shall immediately impound the bus and the state
police department may request a compliance review of the safety
management of the motor carrier by the Federal Highway
Administration, if the carrier is an interstate carrier, or the motor carrier
division of the state police department, if the carrier is an intrastate
carrier.
(e) A motor carrier must notify a contractor for the use of a motor
bus for an organizational activity of the following:
(1) That the carrier will provide a motor bus that has been
inspected and meets federal safety inspection standards.
(2) The method by which the motor bus was inspected, whether
the method was self-inspection, state police department
inspection, or third-party inspection.
(3) That the contractor may call a toll free number to notify the
Indiana state police if the contractor has concerns about
operational safety problems during the trip or has reason to
believe that the motor bus is being operated in need of repair in
violation of federal motor safety regulations.
(f) The department must establish or maintain a toll free number
that a contractor described under subsection (e) may call to notify the
state police department about concerns regarding motor bus safety.

Legislative History

As added by P.L.86-1997, SEC.1. Amended by P.L.94-1998, SEC.1.