Motor Carrier Test and Inspection Record Retention Requirements

This is in response to your July 12, 2001 letter and subsequent telephone conversation with Mr. Michael Johnsen of my staff regarding motor carrier test and inspection record retention requirements for cargo tanks under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 180). Specifically, you ask if the test and inspection record retention requirements for cargo tanks under § 180.417(b)(2) apply to a company, Quality Distribution, that supplies only the power unit and driver to haul cargo tanks in your fleet. You note that Quality Distribution does not perform any function other than those mentioned above and that no cargo tank from your fleet is under the courier's control for 30 days or longer.

Section 180.417(b)(2) requires the owner and operator of a cargo tank to retain copies of test and inspection reports until the next test or inspection of the same type is successfully completed. This requirement does not apply to a motor carrier leasing a cargo tank for fewer than 30 days. Although the exception uses the term "leasing," the intent of this provision is to except a motor carrier from the requirement to retain test and inspection reports for any cargo tank it uses for transportation for fewer than 30 days. Based on the information provided, it is the opinion of this Office that Quality Distribution is not required to retain copies of test and inspection reports for the subject cargo tanks.