§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 if required by §396.11(a)(2)(i); and |
(c) Sign the report to acknowledge that the driver has reviewed it and that there is a certification that the required repairs have been performed. The signature requirement does not apply to listed defects on a towed unit which is no longer part of the vehicle combination. |
[44 FR 76526, Dec. 27, 1979, as amended at 48 FR 55868, Dec. 16, 1983; 63 FR 33280, June 18, 1998; 85 FR 50793, Aug. 18, 2020]
§396.13 — DOT Regulatory Guidance
Question 1: If a Driver Vehicle Inspection Report (DVIR) does not indicate that certain defects have been repaired, and the motor carrier has not certified in writing that such repairs were considered unnecessary, may the driver refuse to operate the motor vehicle? Guidance: The driver is prohibited from operating the motor vehicle if the motor carrier fails to make that certification. Operation of the vehicle by the driver would cause the driver and the motor carrier to be in violation of §396.11(c) and both would be subject to appropriate penalties. However, a driver may sign the certification of repairs as an agent of the motor carrier if he/she is satisfied that the repairs have been performed.
Question 2: At the end of the day's work and upon completion of the required Driver Vehicle Inspection Report (DVIR), what does the driver do with the copy of the previous Driver Vehicle Inspection Report (DVIR) carried on the power unit? Guidance: There is no requirement that the driver submit the copy of that previous Driver Vehicle Inspection Report (DVIR) to the motor carrier nor is there a retention requirement for the motor carrier.