What Do FMCSA Rules Require for Pre-Trip and Post-Trip Inspections?

For motor carriers that are DOT regulated, FMCSA vehicle inspection rules for drivers are in 49 CFR Parts 392 and 396. They set two checks. Before driving, the driver confirms the vehicle is safe and reviews the last inspection report. At the end of the day, the driver reports in writing any defect or deficiency found on each vehicle operated. These rules use the Part 390 definition of a commercial motor vehicle, which includes vehicles of 10,001 pounds or more and is broader than the CDL-based definition used for FMCSA drug and alcohol testing (49 CFR 390.5).

Before the trip. A commercial motor vehicle may not be driven unless the driver is satisfied that these parts and accessories are in good working order (49 CFR 392.7(a)):

• Service brakes, including trailer brake connections, and the parking brake
• Steering mechanism
• Lighting devices and reflectors
• Tires, wheels, and rims
• Horn and windshield wipers
• Rear-vision mirrors
• Coupling devices
• Emergency equipment

Before driving, the driver also must be satisfied that the vehicle is in safe operating condition, review the last driver vehicle inspection report (DVIR) if one was required, and sign it to acknowledge the review and that there is a certification that required repairs were performed (49 CFR 396.13). A driver preparing to transport intermodal equipment inspects a separate list of components, such as air line connections, the upper coupling device, and locking pins (49 CFR 392.7(b)).

After the trip. A motor carrier requires its drivers to prepare a written report at the completion of each day's work on each vehicle operated. The report covers the same parts and accessories, identifies the vehicle, and lists any defect or deficiency discovered by or reported to the driver that would affect safe operation or result in a mechanical breakdown. No report is required if no defect or deficiency is discovered or reported. The driver signs the report, and in a two-driver operation one signature is enough if both drivers agree on the defects (49 CFR 396.11(a)(1) and (2)).

Repairs and records. Before the vehicle is operated again, the carrier or its agent repairs any listed defect likely to affect safety and certifies on the report that the defect was repaired or that repair is unnecessary. The carrier keeps the DVIR, the repair certification, and the driver's review certification for three months from the date the report was prepared (49 CFR 396.11(a)(3) and (4)). Reports may be created and kept electronically under 49 CFR 390.32 (49 CFR 396.11(a)(6), 49 CFR 396.13(d)).

The DVIR rules in 49 CFR 396.11(a) do not apply to a private motor carrier of passengers (nonbusiness), a driveaway-towaway operation, or a motor carrier operating only one commercial motor vehicle (49 CFR 396.11(a)(5)).