---
kind: "section"
citation: "49 C.F.R. § 390.40"
title: "49"
number: "390.40"
heading: "Intermodal equipment providers."
url: "https://uscodex.org/cfr/49/390.40"
---

# §390.40. Intermodal equipment providers.


An intermodal equipment provider must—

- (a) Identify its operations to the FMCSA by filing the Form MCSA-1 required by [§ 390.201](/cfr/49/390.201.md).
- (b) Mark its intermodal equipment with the USDOT number as required by [§ 390.21](/cfr/49/390.21.md) 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)](/cfr/49/396.3.md?p=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](/cfr/49/396.11.md) of this chapter.
- (f) Maintain a system of inspection, repair, and maintenance records as required by [§ 396.3(b)(3)](/cfr/49/396.3.md?p=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](/cfr/49/396.17.md) 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)](/cfr/49/386.72.md?p=b-3) of this chapter.

## Notes

### Amendments

[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]

### Source

Source: 73 FR 76822, Dec. 17, 2008, unless otherwise noted.

### Authority

Authority: 49 U.S.C. 113, 504, 508, 31132, 31133, 31134, 31136, 31137, 31144, 31149, 31151, 31502; sec. 114, Pub. L. 103-311, 108 Stat. 1673, 1677; secs. 212 and 217, Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec. 229, Pub. L. 106-159 (as added and transferred by sec. 4115 and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744), 113 Stat. 1748, 1773; sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745; secs. 32101(d) and 32934, Pub. L. 112-141, 126 Stat. 405, 778, 830; sec. 2, Pub. L. 113-125, 128 Stat. 1388; secs. 5403, 5518, and 5524, Pub. L. 114-94, 129 Stat. 1312, 1548, 1558, 1560; sec. 2, Pub. L. 115-105, 131 Stat. 2263; and 49 CFR 1.81, 1.81a, 1.87.

### Source

Source: 53 FR 18052, May 19, 1988, unless otherwise noted.

### Amendments

[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]