You may be out of compliance if you fail to perform an inspection at the end of the day.
While it is good to have your vehicles inspected by maintenance professionals, ensuring that your drivers can perform vehicle inspections isn't just common-sense. It's the law. The Driver Vehicle Inspection Report (DVIR) is an important part of maintaining safety and compliance with FMCSA regulations.
The Key Regulation
According to 49 CFR 396.11, the text is clear:
"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."
Note – while the regulation describes preparing a report "in writing", modern fleets typically report with an ELD or tablet.
This means that each driver must have the skills and language proficiency required to complete vehicle inspections and must report any defects or deficiencies they notice.
This does not mean that drivers alone must perform vehicle inspections. In fact, regular checks are required as a part of maintenance. The important detail is that it is the driver who must perform an inspection at the end of their day.
What Should the Inspection Cover?
At the end of the day, a driver must inspect the following parts for each vehicle they operate throughout the course of a work day:
- Service Brakes
- Parking Brake
- Steering Mechanism
- Lighting Devices and Reflectors
- Tires
- Horn
- Windshield Wipers
- Rear View Mirrors
- Coupling Devices
- Wheels and Rims
- Emergency Equipment
If each of those is operational and in good condition, the driver does not need to file a written report. However, if any of those parts are defective or deficient, the driver must file those issues in a signed report.
If any defect or deficiency in a vehicle is not addressed and/or repaired, it will not be considered safe for operation and no driver may use it for business operations.
Are there any exceptions?
Yes, there are exceptions if you run a:
- Motor carrier that uses a single commercial vehicle
- Private motor carrier of passengers (nonbusiness)
- Driveaway-towaway operation
This does not mean you can operate an unsafe vehicle.
49 CFR 396.7 states:
"A motor vehicle shall not be operated in such a condition as to likely cause an accident or a breakdown of the vehicle."
What happens after a Post-Trip Inspection?
This depends on whether a defect or deficiency was found.
If a driver does report a problem, a mechanic or motor carrier agent must certify on the DVIR that the repair was made or considered unnecessary before the vehicle is considered safe for normal operations.
If no issue was found, per 49 CFR 396.13, the next driver to use the vehicle will perform a pre-trip inspection and will begin normal operation if there are no issues found.
What can happen if drivers do not perform post-trip inspections?
According to the 2024 list of Federal Motor Carrier Safety Regulations outlined in 49 CFR Appendix-B-to-Part-386(a)(1):
"A person or entity that fails to prepare or maintain a record required by parts 382, subpart A, B, C, D, E, or F, 385, and 390 through 399 of this subchapter, or prepares or maintains a required record that is incomplete, inaccurate, or false, is subject to a maximum civil penalty of $1,584 for each day the violation continues, up to $15,846."
While a driver does not need to file a report if the vehicle passes an inspection, a driver failing to perform end-of-day inspections can put your motor carrier at risk if there were defects or deficiencies that were missed or ignored.
Performing regular inspections doesn't just keep your motor carrier in compliance. It is one of many steps that keep all drivers safe on the road.
If you have any questions about inspections, safety audits, recordkeeping, or compliance in general, you can speak to our experts to learn more.