Roadside Inspections and Out-of-Service Vehicles are governed by 49 CFR 396.9, the FMCSA rule that authorizes inspections of commercial motor vehicles in operation, requires inspectors to place unsafe vehicles out of service and sets what the motor carrier must do with the inspection report afterward. A vehicle placed out of service may not be driven until the listed repairs are made, and the carrier must certify the repairs within 15 days and keep a copy of the report for 12 months.
Roadside inspections are the most frequent contact most carriers have with enforcement. Every inspection, clean or not, goes into FMCSA's data systems and shapes the carrier's safety profile. Out-of-service orders cost time, towing and missed deliveries, and operating a vehicle before the required repairs are made is one of the violations that can cause a new carrier to fail its safety audit automatically.
What Does 396.9 Require?
Section 396.9 has four parts:
- (a) Personnel authorized: FMCSA special agents may enter and inspect a motor carrier's vehicles and intermodal equipment in operation. State and local officers conduct most inspections under their own laws and the Motor Carrier Safety Assistance Program, applying rules compatible with the federal standards.
- (b) Prescribed report: results are recorded on the Driver Vehicle Examination Report.
- (c) Out-of-service vehicles: inspectors must place out of service any vehicle or intermodal equipment whose mechanical condition or loading would likely cause a crash or breakdown.
- (d) Carrier disposition: the carrier must review the report, correct the violations and certify the corrections.
Who Must Comply?
Section 396.9 applies to motor carriers and intermodal equipment providers operating CMVs in interstate commerce, and to their drivers. Most states apply the same rules to intrastate carriers. Drivers are responsible for delivering the report, and the carrier is responsible for repairs, certification and recordkeeping.
Key Requirements
Out-of-service declarations (396.9(c)(1))
An inspector who finds a condition likely to cause a crash or breakdown declares the vehicle out of service and marks it with an "Out-of-Service Vehicle" sticker. In practice, inspectors use the North American Standard Out-of-Service Criteria published by the Commercial Vehicle Safety Alliance (CVSA), which are updated every year and take effect each April 1. CVSA explains the current criteria in its 2026 out-of-service criteria announcement. Common vehicle out-of-service conditions include brakes out of adjustment, defective brake components, tires with exposed belts or flat tires, inoperative required lamps and inadequate cargo securement.
No operation until repaired (396.9(c)(2))
No motor carrier or intermodal equipment provider may require or permit anyone to operate an out-of-service vehicle, and no one may operate it, until all repairs listed in the out-of-service notice are satisfactorily completed. "Operate" includes towing the vehicle, but an out-of-service vehicle may be towed away by a vehicle using a crane or hoist. If an emergency towing vehicle is combined with the out-of-service vehicle, the combination must meet the performance requirements of the regulations, except for the conditions noted on the report.
Sticker removal (396.9(c)(3))
No one may remove the out-of-service sticker until all required repairs have been completed.
Delivering the report (396.9(d)(1))
The driver must give a copy of the inspection report to the motor carrier, and to the intermodal equipment provider if equipment was cited, on arrival at the next terminal or facility. If the driver will not reach a terminal within 24 hours, the driver must immediately mail, fax or otherwise transmit the report.
Correcting defects (396.9(d)(2))
The carrier must examine the report and correct the violations or defects noted, following the repair rules in 396.11(a)(3). Repairs to out-of-service intermodal equipment must also be recorded in that equipment's maintenance records.
Certification, return and retention (396.9(d)(3))
Within 15 days of the inspection, the carrier must:
- Certify that all violations noted have been corrected by completing the signature, title and date sections of the form
- Return the completed form to the issuing state agency at the address on the form, if that agency requests it
- Keep a copy for 12 months from the date of the inspection at its principal place of business or where the vehicle is housed
Before July 22, 2026, carriers had to return the certified form to the issuing agency in every case. FMCSA changed the rule in response to a CVSA petition, noting that not all states require the forms to be returned. Carriers should follow the instructions on each report, since some states still ask for the form back.
Inspection Levels
CVSA defines eight inspection levels used across North America:
- Level I: full inspection of the driver's credentials, hours of service and the vehicle, including under-vehicle checks
- Level II: walk-around driver and vehicle inspection without getting under the vehicle
- Level III: driver-only inspection of credentials, hours of service and related documents
- Level IV: special inspection, usually a one-time check of a particular item
- Level V: vehicle-only inspection without a driver present, often at the carrier's location
- Level VI: enhanced inspection for certain radioactive shipments
- Level VII: jurisdictional mandated inspection, such as school bus or limousine programs
- Level VIII: electronic inspection conducted wirelessly without direct interaction with an inspector
Vehicles that pass a Level I or Level V inspection with no critical violations may receive a CVSA decal, which inspectors generally honor for up to three months.
Driver Out-of-Service Orders
Inspectors can also place the driver out of service, for example for hours of service violations, operating without a valid license or medical certificate, or alcohol or drug violations. A driver out-of-service order stops the driver, not the vehicle, and another qualified driver may move the vehicle if it is otherwise in compliance.
CSA and Data Impact
Inspection results feed the CSA Safety Measurement System. Violations are assigned to BASICs such as Vehicle Maintenance and Hours of Service Compliance, weighted by severity and time, and kept in the SMS for 24 months. Clean inspections also count and lower a carrier's measures. Carriers and drivers who believe inspection data is wrong can request a review through FMCSA's DataQs system.
Penalties and Enforcement
Operating a vehicle that has been declared out of service before repairs are made carries significant civil penalties for both the carrier and the driver, and for a new entrant it is an automatic failure of the safety audit. Failing to certify repairs or keep the report can be cited during an audit or investigation. Civil penalty amounts are adjusted annually for inflation. Repeated out-of-service conditions also raise a carrier's vehicle out-of-service rate, which affects its safety rating.
Common Compliance Mistakes
- Drivers not turning in inspection reports, so the carrier never certifies repairs
- Moving an out-of-service vehicle under its own power to a nearby shop
- Certifying repairs that were not actually made or documented
- Losing track of the 15-day certification deadline
- Not keeping copies for 12 months
- Ignoring patterns in roadside violations that point to maintenance gaps
How to Comply: Step by Step
- Train drivers. Explain what to do at an inspection, what an out-of-service order means and how to deliver the report.
- Log every report. Record each inspection, including clean ones, with the date, location, vehicle and violations.
- Repair and document. Fix each listed defect and keep work orders that match the report.
- Certify within 15 days. Sign, title and date the form and return it if the issuing state requests it.
- Retain copies. Keep the certified report for 12 months.
- Review data. Check inspection results in FMCSA systems and challenge errors through DataQs.
- Fix root causes. Feed recurring violations into driver vehicle inspection reports and preventive maintenance.
How SMS360 Helps
SMS360's Vehicle Management module records roadside inspections, defects, repairs and certification dates for each vehicle, with reminders before the 15-day deadline. Actions Management assigns repairs and tracks them to closure, and Fleet Reports show violation trends by vehicle, driver and location.
Frequently Asked Questions
Do I still have to return the roadside inspection report?
Only if the issuing state agency requests it. Since July 22, 2026, carriers must certify repairs within 15 days and keep a copy for 12 months, but must return the form only to states that ask for it.
Can an out-of-service truck be driven to a repair shop?
No. It may not be operated until the listed repairs are made. It can be towed away by a vehicle using a crane or hoist, or repaired where it sits.
How long do inspections affect CSA scores?
Inspection results are used in the Safety Measurement System for 24 months, with more recent inspections weighted more heavily.
Who can perform roadside inspections?
FMCSA special agents and certified state and local enforcement personnel, who generally inspect under state laws compatible with the federal rules.
