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Driver Vehicle Inspection Reports (DVIR)
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Driver Vehicle Inspection Reports (DVIR)

Learn the FMCSA DVIR rules in 49 CFR 396.11 and 396.13: the 11 required items, the no-defect rule, repair certification and 3-month retention.

49 CFR 396.11–396.13

Requires CMV drivers to report vehicle defects in writing, carriers to certify repairs, and the next driver to review the report.

Driver Vehicle Inspection Reports (DVIR) are the written reports FMCSA requires commercial drivers to prepare when they find a defect on a vehicle at the end of the day, along with the pre-trip review the next driver must complete. The rules in 49 CFR 396.11 and 396.13 make sure safety defects are reported, repaired and signed off before a truck or bus goes back on the road.

The DVIR is the link between the driver and the maintenance shop. When it works, a defect such as a cracked rim found on Monday afternoon is fixed before Tuesday's trip. When it fails, the same defect can surface at a roadside inspection or in a crash.

What Is the DVIR Rule?

49 CFR 396.11 sets the post-trip reporting, repair and retention requirements, and 396.13 sets the driver's duties before driving. Both sit in Part 396, Inspection, Repair and Maintenance, of the Federal Motor Carrier Safety Regulations. For a broader introduction to the term, see the SMS360 glossary entry on the driver vehicle inspection report.

Section 396.11 has two parts:

  • 396.11(a): equipment provided by the motor carrier, which covers most trucks, tractors, trailers and buses.
  • 396.11(b): intermodal equipment, such as container chassis, provided by an intermodal equipment provider. Drivers report damage or defects to the provider when the equipment is returned, and the provider must repair and certify.

The no-defect change

For years, drivers had to complete a DVIR every day even when nothing was wrong. FMCSA removed the no-defect report requirement for property-carrying vehicles in a final rule effective December 18, 2014, and for passenger-carrying vehicles in a final rule effective September 17, 2020. The current text says drivers are not required to prepare a report if no defect or deficiency is discovered by or reported to the driver. Carriers may still require a daily report as company policy.

Who Must Comply?

The DVIR rules apply to motor carriers and drivers operating commercial motor vehicles in interstate commerce, generally vehicles rated at 10,001 pounds or more, vehicles designed or used to carry more than 8 passengers for compensation or more than 15 not for compensation, and vehicles carrying placarded hazardous materials. Under 396.11(a)(5), the post-trip report requirement does not apply to:

  • Private motor carriers of passengers (nonbusiness)
  • Driveaway-towaway operations
  • Any motor carrier operating only one commercial motor vehicle

Many states adopt similar rules for intrastate carriers. Exempt operations should still inspect their vehicles, because 396.7 still prohibits operating a vehicle in unsafe condition and 396.13 still requires drivers to be satisfied the vehicle is safe before driving.

Key Requirements

Items the report must cover

Under 396.11(a)(1), the report covers at least these parts and accessories:

  1. Service brakes, including trailer brake connections
  2. Parking brake
  3. Steering mechanism
  4. Lighting devices and reflectors
  5. Tires
  6. Horn
  7. Windshield wipers
  8. Rear vision mirrors
  9. Coupling devices
  10. Wheels and rims
  11. Emergency equipment

Report content

The report must identify the vehicle and list any defect or deficiency discovered by or reported to the driver that would affect safe operation or result in a mechanical breakdown. A driver who operates more than one vehicle during the day must prepare a separate report for each one. The driver signs the report. On two-driver operations, only one signature is needed if both drivers agree on the defects listed.

Repair and certification

Before the vehicle is operated again, the carrier or its agent must repair any listed defect likely to affect safe operation (396.11(a)(3)(i)). The carrier or agent must then certify on the report that each defect has been repaired or that repair is unnecessary (396.11(a)(3)(ii)). This certification is what auditors look for, and a defect left uncertified is a common finding.

Not every item a driver writes down has to be fixed before the next trip. The repair duty applies to defects likely to affect safe operation, and FMCSA guidance points carriers to the minimum periodic inspection standards (now Appendix A to Part 396) as the benchmark. Even when a repair is deferred, the report still needs a signed certification that repair is unnecessary.

Pre-trip review by the next driver

Under 49 CFR 396.13, before driving, the driver must be satisfied the vehicle is in safe operating condition, review the last DVIR when one was required, and sign it to acknowledge the review and that required repairs were certified. The signature is not needed for defects on a towed unit that is no longer part of the combination.

Electronic DVIRs

Both sections allow reports to be prepared and kept electronically under 49 CFR 390.32. An electronic DVIR should capture the same information, signatures and certifications a paper form would.

Retention Requirements

Under 396.11(a)(4), the carrier must keep the original DVIR, the certification of repairs and the certification of the driver's review for 3 months from the date the report was prepared. For intermodal equipment, the provider keeps the driver's report and repair certification for 3 months from the date it was submitted.

Three months is the legal minimum. Many fleets keep DVIRs longer as part of the vehicle's maintenance history, which can help show a pattern of defect reporting and repair during an investigation or claim.

Common Compliance Mistakes

  • Defects reported but never certified as repaired, or certified after the vehicle already left
  • The next driver not signing the previous report
  • One report covering a tractor and trailer that later separate, without clear unit identification
  • Drivers writing "none" by habit without actually inspecting the vehicle
  • Shop staff certifying repairs on equipment they did not inspect
  • Reports discarded before 3 months, or impossible to match to maintenance records
  • Pressure on drivers not to report defects, which undermines the whole system and can create unsafe conditions

FMCSA's safety rating methodology treats failing to require a driver to prepare a DVIR as a critical violation and failing to correct out-of-service defects listed on a DVIR before the vehicle is operated again as an acute violation. Civil penalty amounts are set in Appendix B to 49 CFR Part 386 and adjusted each year for inflation. Defects found at roadside also count toward the Vehicle Maintenance category in the CSA program.

How to Comply: Step by Step

  1. Adopt a DVIR form. Use a paper or electronic form that lists the 11 required items, identifies the vehicle and has space for the driver signature, repair certification and next driver signature.
  2. Train drivers. Teach a consistent walk-around routine and explain what counts as a defect that affects safe operation.
  3. Set a defect routing process. Decide who receives reports, how quickly, and who can place a vehicle out of service.
  4. Repair and certify. Make repairs before the next trip and have a qualified person sign that each defect was repaired or that repair is unnecessary.
  5. Require pre-trip review. Have each driver review and sign the last report before driving.
  6. File and retain. Keep reports and certifications for at least 3 months, linked to the vehicle's maintenance file.
  7. Review trends. Look for repeat defects by unit or component and feed them into preventive maintenance and root cause analysis.

How SMS360 Helps

The SMS360 Vehicle Management module supports a digital DVIR workflow. Drivers can complete inspection checklists on mobile devices, defects can be assigned to maintenance as corrective actions and tracked to closure, and completed reports are stored with each vehicle's records. Dashboards show open defects and overdue items so supervisors can see which units are not ready to go. Keeping DVIRs, repair records and inspection documents together makes it easier to answer an auditor's questions.

Frequently Asked Questions

Is a DVIR required if there are no defects?

No. Under the current 49 CFR 396.11, drivers are not required to prepare a report if no defect or deficiency is discovered by or reported to them. FMCSA removed the no-defect report for property carriers in 2014 and for passenger carriers in 2020. A carrier may still require daily reports as company policy.

How long must DVIRs be kept?

Carriers must keep the original DVIR, the repair certification and the next driver's review certification for 3 months from the date the report was prepared. Many fleets keep them longer as part of each vehicle's maintenance history.

What items must a DVIR cover?

At least the service brakes including trailer brake connections, parking brake, steering mechanism, lighting devices and reflectors, tires, horn, windshield wipers, rear vision mirrors, coupling devices, wheels and rims, and emergency equipment. Carriers can add items to their own form.

Can DVIRs be completed electronically?

Yes. Sections 396.11 and 396.13 allow reports to be prepared and kept electronically under 49 CFR 390.32. The electronic record should include the same content, signatures and certifications as a paper report.

Vehicle Management

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