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Historical textIn force on Oct. 1, 2015Source: annual CFR edition 2015

§ 390.40 What responsibilities do intermodal equipment providers have under the Federal Motor Carrier Safety Regulations (49 CFR parts 350-399)?

Wording in the annual edition revised as of Oct. 1, 2015, superseded by the 2016 annual edition.

govinfo, 2015 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2015 edition's wording. An amendment that took effect between Oct. 1, 2015 and Oct. 1, 2015 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
49 CFR § 390.40 — What responsibilities do intermodal equipment providers have under the Federal Motor Carrier Safety Regulations (49 CFR parts 350-399)?. Text in force on October 1, 2015. This wording effective October 1, 2015 to October 1, 2016. Source: govinfo, 2015 edition, https://www.govinfo.gov/app/details/CFR-2015-title49-vol5/CFR-2015-title49-vol5-sec390-40. Retrieved from FMCSR.com, https://fmcsr.com/reg/390.40?asof=2015-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

Link to an amendment published at 78 FR 52654, Aug. 23, 2013.

An intermodal equipment provider must—

(a) Identify its operations to the FMCSA by filing the Form MCS-150C required by § 390.19.

(b) Mark its intermodal equipment with the USDOT number as required by § 390.21 before tendering the equipment to a motor carrier.

(c) Systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, in a manner consistent with § 396.3(a)(1), as applicable, all intermodal equipment intended for interchange with a motor carrier.

(d) Provide intermodal equipment intended for interchange that is in safe and proper operating condition.

(e) Maintain a system of driver vehicle inspection reports submitted to the intermodal equipment provider as required by § 396.11 of this chapter.

(f) Maintain a system of inspection, repair, and maintenance records as required by § 396.3(b)(3) of this chapter for equipment intended for interchange with a motor carrier.

(g) Periodically inspect equipment intended for interchange, as required under § 396.17 of this chapter.

(h) At facilities at which the intermodal equipment provider makes intermodal equipment available for interchange, have procedures in place, and provide sufficient space, for drivers to perform a pre-trip inspection of tendered intermodal equipment.

(i) At facilities at which the intermodal equipment provider makes intermodal equipment available for interchange, develop and implement procedures to repair any equipment damage, defects, or deficiencies identified as part of a pre-trip inspection, or replace the equipment, prior to the driver's departure. The repairs or replacement must be made after being notified by a driver of such damage, defects, or deficiencies.

(j) Refrain from placing intermodal equipment in service on the public highways if that equipment has been found to pose an imminent hazard, as defined in § 386.72(b)(3) of this chapter.

[73 FR 76822, Dec. 17, 2008, as amended at 74 FR 68708, Dec. 29, 2009; 78 FR 58483, Sept. 24, 2013; 79 FR 59457, Oct. 2, 2014]

Effective Date Note:

At 78 FR 52654, Aug. 23, 2013, § 390.40 was amended by revising paragraph (a), effective Oct. 23, 2015. For the convenience of the user, the revised text is set forth as follows:

Amendment history

7 distinct wordings on file since Oct. 1, 2009
  1. Nov. 18, 2024 → presenteCFR, day-precisediff vs. previous
    [73 FR 76822, Dec. 17, 2008, as amended at 74 FR 68708, Dec. 29, 2009; 78 FR 58483, Sept. 24, 2013; 79 FR 59457, Oct. 2, 2014; 80 FR 63712, Oct. 21, 2015]
  2. Jan. 17, 2017 → Nov. 18, 2024eCFR, day-precisediff vs. previous
    [73 FR 76822, Dec. 17, 2008, as amended at 74 FR 68708, Dec. 29, 2009; 78 FR 58483, Sept. 24, 2013; 79 FR 59457, Oct. 2, 2014; 80 FR 63712, Oct. 21, 2015]
  3. Oct. 1, 2016 → Jan. 17, 2017annual edition 2016diff vs. previous
    [73 FR 76822, Dec. 17, 2008, as amended at 74 FR 68708, Dec. 29, 2009; 78 FR 58483, Sept. 24, 2013; 79 FR 59457, Oct. 2, 2014]
  4. Oct. 1, 2015 → Oct. 1, 2016annual edition 2015diff vs. previousviewing
    [73 FR 76822, Dec. 17, 2008, as amended at 74 FR 68708, Dec. 29, 2009; 78 FR 58483, Sept. 24, 2013; 79 FR 59457, Oct. 2, 2014]
  5. Oct. 1, 2013 → Oct. 1, 2015annual editions 2013–2014diff vs. previous
    [73 FR 76822, Dec. 17, 2008, as amended at 74 FR 68708, Dec. 29, 2009; 78 FR 58483, Sept. 24, 2013]
  6. Oct. 1, 2010 → Oct. 1, 2013annual editions 2010–2012diff vs. previous
    [73 FR 76822, Dec. 17, 2008, as amended at 74 FR 68708, Dec. 29, 2009]
  7. Oct. 1, 2009 → Oct. 1, 2010annual edition 2009

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.