§ 180.409 Minimum qualifications
for inspectors and testers.
(a) Except
as otherwise provided in this
section, any person performing or
witnessing the inspections and tests
specified in §180.407(c) must—
(1) Be
registered with the Federal Motor
Carrier Safety Administration in
accordance with part 107, subpart F
of this chapter,
(2) Be
familiar with DOT-specification
cargo tanks and trained and
experienced in use of the inspection
and testing equipment needed, and
(3) Have
the training and experience required
to meet the definition of
“Registered Inspector” in §171.8 of
this chapter.
(b) A
person who only performs annual
external visual inspections and
leakage tests on a cargo tank motor
vehicle, owned or operated by that
person, with a capacity of less than
13,250 L (3,500 gallons) used
exclusively for flammable liquid
petroleum fuels, is not required to
meet the educational and years of
experience requirements set forth in
the definition of “Registered
Inspector” in §171.8 of this
subchapter. Although not required to
meet the educational and years of
experience requirements, a person
who performs visual inspections or
leakage tests or signs the
inspection reports must have the
knowledge and ability to perform
such inspections and tests and must
perform them as required by this
subchapter, and must register with
the Department as required by
subpart F of part 107 of this
chapter.
(c) A
person who performs only annual
external visual inspections and
leakage tests on a permanently
mounted non-bulk tank, owned or
operated by that person, for
petroleum products as authorized by
§173.8(c) of this subchapter, is not
required to be registered in
accordance with subpart F of part
107 of this chapter. In addition the
person who signs the inspection
report required by §180.417(b) of
this subpart for such non-bulk tanks
is not required to be registered.
Although not required to register, a
person who performs visual
inspections or leakage tests or
signs the inspection reports must
have the knowledge and ability to
perform such inspections and tests
and must perform them as required by
this subchapter.
(d) A motor
carrier or cargo tank owner who
meets the requirements of paragraph
(a) of this section may use an
employee who is not a Registered
Inspector to perform a portion of
the pressure retest required by
§180.407(g). External and internal
visual inspections must be
accomplished by a Registered
Inspector, but the hydrostatic or
pneumatic pressure test, as set
forth in §180.407(g)(1)(viii) and
(ix), respectively, may be done by
an employee who is not a Registered
Inspector provided that—
(1) The
employee is familiar with the cargo
tank and is trained and experienced
in the use of the inspection and
testing equipment used;
(2) The
employer submits certification that
such employee meets the
qualification requirements to the
Associate Administrator, Attn:
(PHH–32), Pipeline and Hazardous
Materials Safety Administration,
Department of Transportation, East
Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590; and
(3) The
employer retains a copy of the
tester's qualifications with the
documents required by §180.417(b).