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§396.11 — Driver vehicle inspection report(s) (a) Equipment provided by motor carrier. (1) 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, except for intermodal equipment tendered by an intermodal equipment provider. The report shall cover at least the following parts and accessories: (i) Service brakes including trailer brake connections; |
(iv) Lighting devices and reflectors; |
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| (2) (i) The report must identify the vehicle and list any defect or deficiency discovered by or reported to the driver which would affect the safety of operation of the vehicle or result in its mechanical breakdown. If a driver operates more than one vehicle during the day, a report must be prepared for each vehicle operated. Drivers are not required to prepare a report if no defect or deficiency is discovered by or reported to the driver. |
(ii) The driver must sign the report. On two-driver operations, only one driver needs to sign the driver vehicle inspection report, provided both drivers agree as to the defects or deficiencies identified. |
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| (3) (i) Prior to requiring or permitting a driver to operate a vehicle, every motor carrier or its agent shall repair any defect or deficiency listed on the driver vehicle inspection report which would be likely to affect the safety of operation of the vehicle. |
(ii) Every motor carrier or its agent shall certify on the driver vehicle inspection report which lists any defect or deficiency that the defect or deficiency has been repaired or that repair is unnecessary before the vehicle is operated again. |
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(4) Retention period for reports. Every motor carrier shall maintain the 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. |
(5) Exceptions. The rules in this section shall not apply to a private motor carrier of passengers (nonbusiness), a driveaway-towaway operation, or any motor carrier operating only one commercial motor vehicle. |
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(b) Equipment provided by intermodal equipment provider. (1) Report required. Every intermodal equipment provider must have a process to receive driver reports of, and each driver or motor carrier transporting intermodal equipment must report to the intermodal equipment provider or its designated agent, any known damage, defects, or deficiencies in the intermodal equipment at the time the equipment is returned to the provider or the provider's designated agent. The report must include, at a minimum, the following parts and accessories: (ii) Lighting devices, lamps, markers, and conspicuity marking material; |
(iii) Wheels, rims, lugs, tires; |
(iv) Air line connections, hoses, and couplers; |
(v) King pin upper coupling device; |
(viii) Locking pins, clevises, clamps, or hooks; |
(ix) Sliders or sliding frame lock. |
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| (2) (i) Name of the motor carrier responsible for the operation of the intermodal equipment at the time the damage, defects, or deficiencies were discovered by, or reported to, the driver. |
(ii) Motor carrier's USDOT number; intermodal equipment provider's USDOT number, and a unique identifying number for the item of intermodal equipment. |
(iii) Date and time the report was submitted. |
(iv) All damage, defects, or deficiencies of the intermodal equipment reported to the equipment provider and discovered by, or reported to, the motor carrier or its driver which would [A] Affect the safety of operation of the intermodal equipment, or |
[B] Result in its mechanical breakdown while transported on public roads. |
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(v) The signature of the driver who prepared the report. |
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| (3) (i) Prior to allowing or permitting a motor carrier to transport a piece of intermodal equipment for which a motor carrier or driver has submitted a report about damage, defects or deficiencies, each intermodal equipment provider or its agent must repair the reported damage, defects, or deficiencies that are likely to affect the safety of operation of the vehicle. |
(ii) Each intermodal equipment provider or its agent must certify on the original driver's report which lists any damage, defects, or deficiencies of the intermodal equipment that the reported damage, defects, or deficiencies have been repaired, or that repair is unnecessary, before the vehicle is operated again. |
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(4) Retention period for reports. Each intermodal equipment provider must maintain all documentation required by this section, including the driver report and the certification of repairs on all intermodal equipment, for a period of three months from the date that a motor carrier or its driver submits the report to the intermodal equipment provider or its agent. |
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[44 FR 38526, July 2, 1979, as amended at 45 FR 46425, July 10, 1980; 53 FR 18058, May 19, 1988; 59 FR 8753, Feb. 23, 1994; 63 FR 33279, June 18, 1998; 73 FR 76824, Dec. 17, 2008; 74 FR 68709, Dec. 29, 2009; 77 FR 34852, June 12, 2012; 77 FR 59828, Oct. 1, 2012; 78 FR 58485, Sept. 24, 2013; 79 FR 75449, Dec. 18, 2014; 83 FR 16227, Apr. 16, 2018; 85 FR 50793, Aug. 18, 2020] Editorial Note: At 78 FR 58485, Sept. 24, 2013, §396.11 was amended; however, a portion of the amendment could not be incorporated due to inaccurate amendatory instruction. §396.11 — DOT Regulatory Guidance Question 1: Does §396.11 require the DVIR to be turned in each day by a driver dispatched on a trip of more than one day's duration? Guidance: A driver must prepare a DVIR at the completion of each day's work and shall submit those reports to the motor carrier upon his/her return to the home terminal. This does not relieve the motor carrier from the responsibility of effecting repairs and certification of any items listed on the DVIR, prepared at the end of each day's work, that would be likely to affect the safety of the operation of the motor vehicle.
Question 2: Does §396.11 require that the power unit and the trailer be inspected? Guidance: Yes. A driver must be satisfied that both the power unit and the trailer are in safe operating condition before operating the combination.
Question 3: May more than one power unit be included on the DVIR if two or more power units were used by a driver during one day's work? Guidance: No. A separate DVIR must be prepared for each power unit operated during the day's work.
Question 4: Does §396.11 require a motor carrier to use a specific type of DVIR? Guidance: A motor carrier may use any type of DVIR as long as the report contains the information and signatures required.
Question 5: Does §396.11 require a separate DVIR for each vehicle and a combination of vehicles or is one report adequate to cover the entire combination? Guidance: One vehicle inspection report may be used for any combination, provided the defects or deficiencies, if any, are identified for each vehicle and the driver signs the report.
Question 6: Does §396.11(c) require a motor carrier to effect repairs of all items listed on a DVIR prepared by a driver before the vehicle is subsequently driven? Guidance: The motor carrier must effect repairs of defective or missing parts and accessories listed in Appendix G to the FMCSRs before allowing the vehicle to be driven.
Question 7: What constitutes a "certification" as required by §396.11(c)(1) and (2)? Guidance: A motor carrier or its agent must state, in writing, that certain defects or deficiencies have been corrected or that correction was unnecessary. The declaration must be immediately followed by the signature of the person making it.
Question 8: Who must certify under §396.11(c) that repairs have been made when a motor vehicle is repaired en route by the driver or a commercial repair facility? Guidance: Either the driver or the commercial repair facility.
Question 9: Must certification for trailer repairs be made? Guidance: Yes. Certification must be made that all reported defects or deficiencies have been corrected or that correction was unnecessary. The certification need only appear on the carrier's copy of the report if the trailer is separated from the tractor.
Question 10: What responsibility does a vehicle leasing company, engaged in the daily rental of CMVs, have regarding the placement of the DVIR in the power unit? Guidance: A leasing company has no responsibility to comply with §396.11 unless it is the carrier. It is the responsibility of a motor carrier to comply with part 396 regardless of whether the vehicles are owned or leased.
Question 11: Which carrier is to be provided the original of the DVIR in a trip lease arrangement? Guidance: The motor carrier controlling the vehicle during the term of the lease (i.e. the lessee) must be given the original of the DVIR. The controlling motor carrier is also responsible for obtaining and retaining records relating to repairs.
Question 12: Must the motor carrier's certification be shown on all copies of the DVIR? Guidance: Yes.
Question 13: Must a DVIR carried on a power unit during operation cover both the power unit and trailer being operated at the time? Guidance: No. The DVIR must cover the power unit being operated at the time. The trailer identified on there port may represent one pulled on the preceding trip.
Question 14: In instances where the DVIR has not been prepared or cannot be located, is it permissible under §396.11 for a driver to prepare a DVIR based on a pretrip inspection and a short drive of a motor vehicle? Guidance: Yes. §396.11 of the FMCSRs places the responsibility on the motor carrier to require its drivers to prepare and submit the DVIR. If, in unusual circumstances, the DVIR has not been prepared or cannot be located the motor carrier may cause a road test and inspection to be performed for safety of operation and the DVIR to be prepared.
Question 15: Is it permissible to use the back of a record of duty status (daily log) as a DVIR? Guidance: Yes, but the retention requirements of §396.11 and §395.8 must be met.
Question 16: Does §396.11 require that specific parts and accessories that are inspected be identified on the DVIR? Guidance: No.
Question 17: Is the Ontario pretrip/posttrip inspection report acceptable as a DVIR under §396.11? Guidance: Yes, provided the report from the preceding trip is carried on board the motor vehicle while in operation and all entries required by §396.11 and 396.13 are contained on the reports.
Question 18: Where must DVIRs be maintained? Guidance: Since §396.11 is not specific, the DVIRs may be kept at either the motor carrier's principal place of business or the location where the vehicle is housed or maintained.
Question 19: Who is responsible for retaining DVIRs for leased vehicles including those of owner-operators? Guidance: The motor carrier is responsible for retaining the original copy of each DVIR and the certification of repairs for at least 3 months from the date the report was prepared.
Question 20: Is a multi-day DVIR acceptable under §396.11 and 396.13? Guidance: Yes, provided all information and certifications required by §§396.11 and 396.13 are contained on the report.
Question 21: Is a DVIR required by a motor carrier operating only one tractor trailer combination? Guidance: No. One tractor semitrailer/full trailer combination is considered one motor vehicle. However, a carrier operating a single truck tractor and multiple semitrailers, which are not capable of being operated as one combination unit, would be required to prepare DVIRs.
Question 22: Are motor carriers required to retain the "legible copy" of the last vehicle inspection report (referenced in §396.11(c)(3)) which is carried on the power unit? Guidance: No. The record retention requirement refers only to the original copy retained by the motor carrier.
Question 23: Does the record retention requirement of §396.11(c)(2) apply to all DVIRs, or only those reports on which defects or deficiencies have been noted? Guidance: The record retention requirement applies to all DVIRs.
Question 24: How would the DVIR requirements apply to a driver who works two or more shifts in a single calendar day? Guidance: Section 396.11(a) requires every driver to prepare a DVIR at the completion of each day's work on each vehicle operated. A driver who operates two or more vehicles in a 24-hour-period must prepare a DVIR at the completion of the tour of duty in each vehicle.
Question 25: Section 396.11 requires the driver, at the completion of each day's work, to prepare a written report on each vehicle operated that day. Does this section require a "post trip inspection" of the kind described in §396.15? Guidance: No. However, the written report must include all defects in the parts and accessories listed in §396.11(a) that were discovered by or reported to the driver during that day.
Question 26: Is the motor carrier official or agent who certifies that defects or deficiencies have been corrected or that correction was unnecessary required to be a mechanic or have training concerning commercial motor vehicle maintenance? Guidance: No. Section 396.11 does not establish minimum qualifications for motor carrier officials or agents who certify that defects or deficiencies on DVIRs are corrected. With the exception of individuals performing the periodic or annual inspection (§396.19), and motor carrier employees responsible for ensuring that brake-related inspection, repair, or maintenance tasks are performed correctly (§396.25), Part 396 of the FMCSRs does not establish minimum qualifications for maintenance personnel. Motor carriers, therefore, are not prohibited from having DVIRs certified by company officials or agents who do not have experience repairing or maintaining commercial motor vehicles.
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