Editorial Note on Part 398
Editorial Note: Nomenclature changes to part 398 appear at 66 FR 49875, Oct. 1, 2001.

§ 398.8 Administration inspection of motor vehicles in operation. ( a ) *Administration personnel authorized to perform inspections.* All persons designated as Special Agents of the Federal Motor Carrier Safety Administration, as detailed in appendix B to part 390 of this chapter, are authorized to enter upon and perform inspections of motor carrier's vehicles in operation.
( b ) *Prescribed inspection report.* The “Driver/Vehicle Examination Report” shall be used to record findings from motor vehicles selected for final inspection by authorized Administration employees.
( c ) *Motor vehicles declared “out of service.”* ( 1 ) Authorized Administration employees shall declare and mark “out of service” any motor vehicle which by reason of its mechanical condition or loading is so imminently hazardous to operate as to be likely to cause an accident or a breakdown. The “Out of Service Vehicle” sticker shall be used to mark vehicles “out of service.”
( 2 ) No motor carrier shall require or permit any person to operate nor shall any person operate any motor vehicle declared and marked, “out of service” until all repairs required by the “out of service notice” on the “Driver/Vehicle Examination Report” have been satisfactorily completed. The term “operate” as used in this section shall include towing the vehicle; provided, however, that vehicles marked “out of service” may be towed away by means of a vehicle using a crane or hoist; and provided further, that the vehicle combination consisting of the emergency towing vehicle and the “out of service” vehicle meets the performance requirements of § 393.52 of this subchapter.
( 3 ) No person shall remove the “Out of Service Vehicle” sticker from any motor vehicle prior to completion of all repairs required by the “out of service notice” on the “Driver/Vehicle Examination Report.”
( 4 ) The person or persons completing the repairs required by the “out of service notice” shall sign the “Certification of Repairman” in accordance with the terms prescribed on the “Driver/Vehicle Examination Report,” entering the name of his/her shop or garage and the date and time the required repairs were completed. If the driver completes the required repairs, he/she shall sign and complete the “Certification of Repairman.”
( d ) *Motor carrier's disposition of the “Driver/Vehicle Examination Report.”* ( 1 ) Motor carriers shall carefully examine the “Driver/Vehicle Examination Reports.” Any and all violations or mechanical defects noted thereon shall be corrected. To the extent drivers are shown not to be in compliance with the Federal Motor Carrier Safety Regulations, appropriate corrective action shall be taken by the motor carrier.
( 2 ) Motor carriers shall complete the “Motor Carrier Certification of Action Taken” on the “Driver/Vehicle Examination Report” in accordance with the terms prescribed thereon. Motor carriers shall return the “Driver/Vehicle Examination Reports” to the address indicated on the report within fifteen (15) days following the date of the vehicle inspection.
[83 FR 22881, May 17, 2018, as amended at 88 FR 80193, Nov. 17, 2023]