Federal Annual Inspections Versus State Annual Inspections

By Sulev “Swede” Oun, Owner, O&K Truck Repairs

This article is written to encourage people to take the time to thoroughly go through the Federal Motor Carrier Safety Regulations (FMCSR). After all, these regulations dictate how we operate and enforce safety for our roadways.

We will focus on federal annual periodic inspections versus state-equivalent annual inspections. I will use New York as an example because that is where I reside and work. However, you can substitute any U.S. state, recognizing that each state has its own regulations.

I am fortunate to have developed a level of comfort with various subjects relating to our industry, so much so that people often call me with questions and issues, hoping to gain some clarity. Now, I do not know everything; I learn from all of you who call me. I enjoy researching and utilizing what little I know from real-world experiences to come up with possible answers. Many of you reciprocate, especially the enforcement community in my state. Most questions pertain to regulations, violations, etc. I frequently see a trend in the type of questions, and annual inspections versus state inspections is one such trend.

I know what the regulations require, but at the same time, there’s the real world, where there is confusion concerning certain requirements – and to be honest, it’s understandable when it comes to exceptions and interpretations. A few years ago, I did some regulations training for the Northeast Equipment Association. Traveling to the states they serve required me to dig deeper into some nuances specific to each state, even though most of the regulations pertained to the FMCSRs. Again, I don’t know everything.

The specific question that seems to come up is, “Do I need a federal annual inspection, a New York state inspection or both?” Many people I

talk with refer to the federal annual inspection as a U.S. Department of Transportation inspection.

First, interstate commerce is regulated by the U.S. federal government and covered by the FMCSRs. However, states also adopt parts or all of these regulations for intrastate commerce. Therefore, state regulations quite often are dependent on the FMCSRs. New York state, as well as several other states, started adopting the FMCSRs as a whole quite a few years ago.

Let’s look at those pertaining to annual inspections.

• "§ 396.17, Periodic Inspections: Every commercial motor vehicle must be inspected as required by this section. The inspection must include, at a minimum, the parts and accessories set forth in Appendix A to this part."

Note: There’s a little bit more to this, but I am trying to keep this short and simple. Please take a look at § 396.17 and Appendix A for more information.

So, let’s look at a couple of subparagraphs under § 396.17 for the states.

• Like many federal regulations, there is an exception. Subparagraph B allows for an inspection conducted under § 393.23. Turning the page to § 393.23, we read, "If a commercial motor vehicle is subject to a mandatory inspection program that the administrator determines to be as effective as § 396.17, the motor carrier… must meet the requirement of § 396.17 through that inspection program."

• Subparagraph F also states: "Vehicles passing periodic inspections performed under the auspices of any state government or equivalent jurisdiction in the Canadian provinces, [etc.], meeting the minimum standards contained in Appendix A to this part, will be considered to have met the requirements of an annual inspection for a period of 12 months commencing from the last day of the month in which the inspection is performed." By the way, keep this statement with the date in mind. It will be relevant.

Now, knowing about adoptions and requirements leads us to state inspections. There are 23 states that have their own state inspection program equal to or greater than the requirements in Appendix A, allowing their inspections to be accepted as meeting the federal inspection requirements. Some states deviate somewhat to make them a little more stringent. Keep in mind that federal inspection is a minimum requirement. For states, it is quite a task to put together a state inspection program.

Quite a few years ago, I got subcontracted to put together an inspection program in one of the Northeast states so they could become one of the 23 states with inspection programs equal to or greater than the federal requirements. It was quite a challenging task to dot the i’s and cross the t’s. The states tend to be more precise and require stricter standards from their inspectors. Consequently, and rightfully so, some states incorporate a training element with their programs.

New York has a straightforward requirement. Basically, if you are a New York-based/ registered vehicle, it will require a New York annual inspection. Because New York is one of the 23 states, these inspections should be recognized nationwide as meeting the federal annual inspection requirements as per § 396.17. However, in the real world, one hand doesn’t know what the other is doing. Consequently, the vehicle will go through some states other than New York where it might get pulled over for a roadside inspection, and you might get a violation for not having an annual inspection, even though a New York inspection sticker should be a clear indication that it passed the equivalent of an annual inspection.

Many companies get frustrated by this, and it’s not hard to see why. To avoid these types of situations, I have talked some companies into getting both a federal annual inspection and a state inspection. This way, they are covered no matter what jurisdiction a driver travels through. It’s a shame because an inspection performed by a certified inspector will be a more thorough inspection than a federal one, where you can go to any truck stop or parts store and get a sticker/form and fill it out by anyone capable of using a pen. Yes, I know all about § 396.19, Inspector Qualifications, and I can write a whole article about just that. The big question is, “Why the disconnect?” Let’s take that deep dive together.

Guidance Question and Answers

Q: On the inspection sticker, can we put the due date for the next inspection rather than the date the last inspection was performed?

A: No. The inspection report and decal must show the date the inspection was performed.

From § 396.17: The documentation may be: (1) The inspection report prepared in accordance with § 396.21(a) or (2) Other forms of documentation, based on the inspection report (e.g., sticker or decal), which contains the following information: (i) The date of inspection (ii) Name and address of the motor carrier.

In New York, the only thing different from the federal criteria is the date on the sticker. The federal inspection requires the date of the actual inspection. New York uses the date when the next inspection is due. However, in New York, the computer-generated report has all the appropriate information, such as when the inspection was performed.

Carefully reread those sections and the guidance and try to figure out this predicament. The state and federal inspections are identical. The only difference is the sticker showing the date performed or the date due. It’s not rocket science to figure out that if a sticker has the due date; you simply go backward and figure out the actual inspection date. No matter how you think about it, 12 months is 12 months.

The confusion comes from the guidance. The problem is that the guidance references the requirements of § 396.17 Subparagraph C and is not applicable to a state program under § 396.23. Remember when we started unraveling this, we followed the exception in Subparagraph B that took us to § 393.23. Within § 393.23, the motor carrier must meet the requirements of § 396.17 through the mandatory inspection program. This would mean that the sticker that meets the requirements of the New York program would meet the requirements of § 396.17, leaving us asking why a violation has been written. The vehicle cannot be excepted from § 396.17 via § 396.23 and, at the same time, be subject to § 396.17 and § 396.17 guidance.

I will leave you with one final thought. Regulations are needed to ensure that safe vehicles travel on our highways. An annual inspection is meant to guarantee that at least once per year, no deficiencies have slipped through the cracks and all issues are fixed. My two cents: the annual periodic inspection requirements need to be revisited, updated and worded clearly enough to ensure that every carrier, inspector and technician clearly understands the requirements.

What do you think? Again, I don’t know everything. I could be wrong with my conclusion. Go through it yourself as a journey of discovery. Maybe we can learn something new together.