FMCSA announced last week it is extending until June 30, 2012, the compliance date of the requirement for drivers and motor carriers to prepare a driver-vehicle inspection report (DVIR) on an item of intermodal equipment when no damage, defects, or deficiencies are discovered by, or
reported to, the driver.
The previous compliance date was June 30, 2011, as a result of the Agency's August 20, 2010, amended final rule which extended the compliance date of the same provision of the December 17, 2008, final rule concerning maintenance responsibilities for intermodal equipment.
This action is being taken to provide the Agency with sufficient time to address, through a notice-and-comment rulemaking proceeding, a petition to rescind the requirement for no-defect DVIRs.
On March 31, 2010, the Ocean Carrier Equipment Management Association and the Institute of International Container Lessors submitted a joint petition to FMCSA requesting the agency rescind the provision that requires drivers or motor carriers to prepare and transmit a no-defect DVIR to the IEP at the time the IME is returned to the IEP. The petitioners contend that the preparation and transmittal of these no-defect DVIRs impose an undue burden on drivers, motor carriers, IEPs, and intermodal facilities.
FMCSA plans to issue a notice of proposed rulemaking to eliminate the portion of Sec. 390.42(b) that requires drivers or motor carriers to prepare and transmit no-defect DVIRs. So the agency is postponing the compliance date while it conducts this rulemaking.
The Agency emphasizes that all requirements concerning drivers' preparation of DVIRs to report damage, defects, or deficiencies to intermodal equipment providers (IEPs) remain in effect, as well as the requirements for IEPs to take appropriate action in addressing the safety issues identified by such reports.