§ 32:1314 — Intermodal vehicle inspections

§1314. Intermodal vehicle inspections
A. It is the purpose of this Section to insure that the proper preventative
maintenance is performed on intermodal equipment and that all necessary
repairs, as defined in the United States Department of Transportation Federal
Motor Carrier Safety Regulations (FMCSR), are performed before such
equipment is transported over the roadways of the state by a motor carrier.
B. For purposes of enforcing this Section, "vehicle" means intermodal
trailer, chassis, or container not owned by the motor carrier.
C.(1) The owner of any vehicle shall not permit the tender or the
interchange of a vehicle for use on any highway which is in violation of the
requirements contained in the FMCSR. A motor carrier shall not certify or
guarantee to a person tendering or interchanging a vehicle to a motor carrier
that the vehicle complies with the FMCSR. When the tenderer has knowledge
that the vehicle does not meet such requirements, the tenderer shall not put
such vehicle into commerce until all necessary repairs have been completed.
(2) Before an operator may accept a vehicle, the tenderer must allow
the motor carrier operator adequate equipment, time, and facilities to perform
the United States Department of Transportation required inspection of the
vehicle. If the vehicle fails to meet federal safety requirements, the owner or
tenderer must make any necessary repairs to the vehicle so that it complies
with applicable safety standards or make available a replacement vehicle
which meets the safety requirements.
D. The department, if requested, may as a public safety service, enter
upon vehicle tender facilities, and perform courtesy inspections of vehicles for
purposes of identifying and tagging vehicles which may require mechanical
work before being tendered for use on public highways.
E. If a vehicle that is not owned by the motor carrier is placed out of
service as a result of a roadside inspection conducted within five days of initial
placement of the vehicle in service from a tenderer by a motor carrier in this
state or prior to the next interchange, whichever occurs first, then the owner
of the vehicle shall reimburse the operator for all fines, penalties, expenses,
and reasonable attorney fees incurred pursuant to the out-of-service order,
including all equipment repair expenses necessary to bring the vehicle into
compliance with the FMCSR, unless the fines, penalties, or repair expenses are
due to actions or omissions of the motor carrier operator after the vehicle was
tendered. Reimbursement must be made to the operator no later than sixty days
from receipt of notice from the motor carrier.
F. The department shall develop and maintain a database on roadside
vehicle inspection reports for defects on any vehicle tendered to the motor
carrier. The database shall be used to identify violations discovered on
intermodal equipment during a roadside inspection.
G. Nothing in this Section is intended to eliminate the responsibility
and obligation of a motor carrier and operator to maintain and operate vehicles
in accordance with the FMCSR and applicable state and local laws and
regulations.
H. Any provision contained in an intermodal interchange contract
providing for a hold harmless or indemnity agreement, or both, between the
motor carrier and the tenderer or owner of a vehicle, contrary to any provisions
of this Section shall be considered contrary to public policy and shall be null
and void.

Legislative History

Acts 1999, No. 1362, §1, eff. July 12, 1999.