Although we make every effort to assure that the information we provide is complete and accurate, it is not intended to take the place of published agency regulations. Regulations issued by the U.S. Department of Transportation and its Operating Administrations are published in the Federal Register and compiled in the U.S. Code of Federal Regulations (CFR). Copies of appropriate volumes of the CFR in book format may be purchased from the Superintendent of Documents, U.S. Government Printing Office, examined at many libraries.

General Requirements

General — Every motor carrier, its officers, drivers, agents, representatives, and employees directly concerned with the inspection or maintenance of motor vehicles shall comply and be conversant with the rules of this part.

[44 FR 38526, July 2, 1979, as amended at 53 FR 18058, May 19, 1988]

§396.9 Inspection of Motor Vehicles in Operation

(a) Personnel Authorized to Perform Inspections

Every special agent of the FMCSA is 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 results of motor vehicle inspections conducted by authorized FMCSA personnel.

(c) Motor Vehicles Declared "Out of Service"

  • (c)(1) Authorized personnel shall declare and mark "out of service" any motor vehicle which by reason of its mechanical condition or loading would likely cause an accident or a breakdown.
  • (c)(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" have been satisfactorily completed.
  • (c)(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".

(d) Motor Carrier Disposition

  • (d)(1) The driver shall deliver the inspection report to the motor carrier upon arrival at the next terminal or facility, or mail it immediately if not scheduled to arrive within 24 hours.
  • (d)(2) Motor carriers shall examine the report. Violations or defects noted thereon shall be corrected.
  • (d)(3) Within 15 days following the date of inspection, the motor carrier shall certify that all violations noted have been corrected and return the completed form to the issuing agency.

§396.11 Driver Vehicle Inspection Report(s)

(a) Report Required

Every motor carrier shall require its drivers to report, and every driver shall prepare a report in writing at the completion of each day's work on each vehicle operated. The report shall cover at least the following parts and accessories:

Service brakes including trailer brake connections
Parking (hand) brake
Steering mechanism
Lighting devices and reflectors
Tires
Horn
Windshield wipers
Rear vision mirrors
Coupling devices
Wheels and rims
Emergency equipment

(b) Report Content

The report shall identify the vehicle and list any defect or deficiency discovered. If no defect or deficiency is discovered, the report shall so indicate. The driver shall sign the report.

(c) Corrective Action

  • (c)(1) Every motor carrier shall certify on the original driver vehicle inspection report that the defect or deficiency has been repaired or that repair is unnecessary before the vehicle is operated again.
  • (c)(2) Every motor carrier shall maintain the original driver vehicle inspection report, the certification of repairs, and the certification of the driver's review for three months from the date the written report was prepared.

§396.13 Driver Inspection

Before driving a motor vehicle, the driver shall:

  • (a) Be satisfied that the motor vehicle is in safe operating condition;
  • (b) Review the last driver vehicle inspection report; and
  • (c) Sign the report, only if defects or deficiencies were noted, to acknowledge review and certification that required repairs have been performed.

§396.17 Periodic Inspection

(a) Every commercial motor vehicle shall be inspected as required by this section. The inspection shall include, at a minimum, the parts and accessories set forth in Appendix G.

Note: The term commercial motor vehicle includes each vehicle in a combination vehicle.

(b) A motor carrier shall inspect or cause to be inspected all motor vehicles subject to its control.

(c) A motor carrier shall not use a commercial motor vehicle unless each component has passed an inspection at least once during the preceding 12 months and documentation is on the vehicle.

(f) Vehicles passing roadside or periodic inspections performed under State or FMCSA auspices will be considered to have met annual inspection requirements for 12 months.

§396.19 Inspector Qualifications

The motor carrier shall ensure that individuals performing annual inspections are qualified as follows:

  • (a)(1) Understands the inspection criteria set forth in 49 CFR Part 393 and Appendix G and can identify defective components
  • (a)(2) Is knowledgeable of and has mastered the methods, procedures, tools and equipment used when performing an inspection
  • (a)(3) Is capable of performing an inspection by reason of experience, training, or both

Qualifying Training/Experience:

  • • Successfully completed State or Federal sponsored training program, OR
  • • Has certificate from State or Canadian Province, OR
  • • Has combination of training and/or experience totaling at least 1 year

§396.25 Qualifications of Brake Inspectors

(a) The motor carrier shall ensure that all inspections, maintenance, repairs or service to the brakes of its commercial motor vehicles are performed in compliance with the requirements of this section.

(d) The motor carrier shall ensure that each brake inspector is qualified as follows:

  • (d)(1) Understands the brake service or inspection task and can perform it
  • (d)(2) Is knowledgeable of methods, procedures, tools and equipment
  • (d)(3) Is capable by reason of experience, training or both (at least 1 year combined)

DOT Inspection Form Sample

DOT Inspection Form Sample

Key Takeaways

Annual inspections required for all commercial motor vehicles
Daily driver vehicle inspection reports mandatory
Qualified inspectors must meet specific training/experience requirements
Records must be maintained for specified periods
Unsafe vehicles cannot be operated until repairs are completed
Brake inspectors require specialized qualifications

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