The Vehicle factor: what auditors check

What records does the auditor check for this factor?

• A written vehicle maintenance program and maintenance records (§ 396.3(b))
• Periodic (annual) inspection records for each commercial motor vehicle (§ 396.17)
• Driver vehicle inspection reports (§ 396.11)
• Roadside inspection history for the last 12 months (MCMIS)

Common failures on the Vehicle factor

• Using a vehicle not periodically inspected (§ 396.17(a)) — automatic-failure at the 51%-of-records threshold
• Failing to correct out-of-service defects listed on a DVIR (§ 396.11(a)) — automatic-failure
• Operating a vehicle declared out of service (§ 396.9(c)(2)) — automatic-failure, single occurrence
• Failing to keep minimum inspection and maintenance records (§ 396.3(b))

How is the Vehicle factor scored?

Points for Vehicle come from acute and critical violations of Part 396. When at least three roadside inspections are recorded in MCMIS in the prior 12 months and the vehicle out-of-service rate is 34% or higher, one additional point is assessed against the carrier (49 CFR Appendix A to Part 385).

Acute and critical violations under the Vehicle factor

This factor is scored from 5 acute/critical regulations on the official list in 49 CFR Appendix B to Part 385, including 3 that can automatically fail the audit under 49 CFR 385.321.

• § 396.3(b) — Failing to keep minimum records of inspection and vehicle maintenance (critical)
• § 396.9(c)(2) — Requiring or permitting the operation of a motor vehicle declared “out-of-service” before repairs were made (automatic-failure)
• § 396.11(a) — Failing to require driver to prepare driver vehicle inspection report (automatic-failure)
• § 396.17(a) — Using a commercial motor vehicle not periodically inspected (automatic-failure)
• § 396.17(g) — Failing to promptly repair parts and accessories not meeting minimum periodic inspection standards (acute)