Inspection, Repair and Maintenance is the FMCSA regulation, 49 CFR Part 396, that requires motor carriers to keep commercial motor vehicles in safe operating condition through systematic inspection, repair and maintenance. It protects drivers, passengers and the motoring public from crashes caused by brake failures, worn tires, faulty lights and other mechanical defects.
Part 396 is one of the core vehicle rules auditors review during a compliance investigation. It links daily driver inspections, annual inspections, roadside inspection follow-up and maintenance records into one program, and the carrier is responsible for all of it.
What Is 49 CFR Part 396?
Part 396 is part of the Federal Motor Carrier Safety Regulations (FMCSRs). It sets the duty to maintain vehicles, while Part 393 sets the standards for the parts and accessories themselves. The main sections are:
- 396.3 General duty to inspect, repair and maintain, and the maintenance records requirement
- 396.5 Lubrication and freedom from oil and grease leaks
- 396.7 Prohibition on operating a vehicle in a condition likely to cause a crash or breakdown
- 396.9 Roadside inspections and out-of-service orders
- 396.11 and 396.13 Driver vehicle inspection reports and pre-trip review
- 396.17 through 396.23 Periodic (annual) inspection, inspector qualifications and inspection records
- 396.25 Qualifications of brake inspectors
The minimum periodic inspection standards are in Appendix A to Part 396. Older materials call this Appendix G; FMCSA redesignated it as Appendix A to Part 396 in a technical rule effective October 14, 2021.
Who Must Comply?
Under 396.1, Part 396 applies to motor carriers operating commercial motor vehicles in interstate commerce, to intermodal equipment providers, and to their employees and agents involved in inspection, repair and maintenance. A commercial motor vehicle generally includes vehicles with a weight rating of 10,001 pounds or more, vehicles designed or used to carry more than 8 passengers for compensation or more than 15 passengers not for compensation, and vehicles carrying placarded hazardous materials. Many of these vehicles do not require a CDL driver.
Part 396 does not apply to covered farm vehicles or pipeline welding trucks. Some sections have narrower exceptions:
- The maintenance records in 396.3(b) are required for vehicles the carrier controls for 30 consecutive days, and do not apply to private motor carriers of passengers (nonbusiness).
- The DVIR requirement in 396.11(a) does not apply to private nonbusiness passenger carriers, driveaway-towaway operations, or carriers operating only one commercial motor vehicle.
- Driveaway-towaway operations have their own rules in 396.15.
Many states have adopted the FMCSRs for intrastate carriers, sometimes with different weight thresholds or exceptions, so intrastate fleets should check their state rules.
Key Requirements
Systematic inspection, repair and maintenance (396.3)
Under 49 CFR 396.3, every carrier must systematically inspect, repair and maintain all vehicles under its control. Parts and accessories must be in safe and proper operating condition at all times. FMCSA guidance explains that "systematic" means a regular or scheduled program; the rule does not set specific intervals, so each carrier decides its own schedule based on its vehicles and operations. Buses have one fixed interval: pushout windows, emergency doors and emergency door marking lights must be inspected at least every 90 days.
Lubrication and unsafe operation (396.5 and 396.7)
Vehicles must be properly lubricated and free of oil and grease leaks. A vehicle may not be operated in a condition likely to cause an accident or breakdown. If a vehicle becomes unsafe on the road, it may continue only to the nearest place where repairs can safely be made, and only if that is less hazardous than leaving it on the highway.
Roadside inspections (396.9)
A vehicle declared out of service may not be operated until the listed repairs are complete. The driver must deliver the inspection report to the carrier, and within 15 days of the inspection the carrier must certify on the form that all violations were corrected. A final rule effective July 22, 2026 changed 396.9(d)(3)(ii) so the signed form only needs to be returned to the issuing state agency if that agency requests it. The carrier must keep a copy for 12 months.
Driver vehicle inspection reports (396.11 and 396.13)
Drivers must prepare a written report at the end of each day's work on each vehicle operated when they find or are told of a defect that would affect safe operation or cause a breakdown. Defects affecting safety, the unsafe conditions the report exists to catch, must be repaired and the repair certified before the vehicle runs again, and the next driver must review and sign the report. See our DVIR regulation page for detail.
Periodic inspection (396.17)
Every commercial motor vehicle, including each unit in a combination, must pass an inspection covering the Appendix A components within the preceding 12 months, and proof must be on the vehicle. See the annual vehicle inspection page.
Qualified inspectors (396.19 and 396.25)
People performing annual inspections must understand the inspection criteria and be qualified through a federal or state training program or certificate, or at least 1 year of combined training and experience. Anyone responsible for brake inspection, repair or maintenance must meet the brake inspector qualifications in 396.25. Carriers may not assign brake work to unqualified employees.
Records and Retention Requirements
- Maintenance records (396.3(b)): for each vehicle controlled for 30 consecutive days, keep vehicle identification (company number if marked, make, serial number, year, and the owner's name if not owned by the carrier), a means of showing the nature and due date of each inspection and maintenance operation, a record of inspections, repairs and maintenance with dates, and for buses, records of tests on emergency exits and marking lights. A technical rule published in July 2026 removed tire size from the required identification data.
- Where and how long (396.3(c)): keep maintenance records where the vehicle is housed or maintained for 1 year, and for 6 months after the vehicle leaves the carrier's control.
- Roadside inspection reports (396.9): 12 months from the inspection date.
- DVIRs (396.11): the report, repair certification and driver review certification for 3 months.
- Annual inspection reports (396.21): 14 months from the report date.
- Inspector and brake inspector qualifications (396.19 and 396.25): while the person performs the work and for 1 year afterward.
Common Violations and Penalties
- No written preventive maintenance schedule, or schedules that exist on paper but are not followed
- Incomplete vehicle files, especially for leased or recently acquired units
- Operating a vehicle declared out of service before it is repaired
- Not certifying roadside inspection repairs within 15 days
- DVIR defects with no repair certification before the next trip
- Trailers or converter dollies missing an annual inspection
- No proof of inspector or brake inspector qualifications
FMCSA's safety rating methodology lists failing to keep minimum maintenance records, failing to require DVIRs and using a vehicle not periodically inspected as critical violations. Operating an out-of-service vehicle before repairs and failing to correct out-of-service defects listed on a DVIR are acute violations. Civil penalty amounts are set in Appendix B to 49 CFR Part 386 and adjusted annually for inflation. Roadside defects also feed the Vehicle Maintenance category of the CSA program.
How to Comply: Step by Step
- Build a vehicle inventory. List every power unit, trailer and dolly, including leased units, with the identification data 396.3(b) requires.
- Set preventive maintenance intervals. Choose intervals by mileage, engine hours or time based on manufacturer guidance and your operating conditions, and write them down.
- Track due dates. Keep a schedule showing the next due date for each inspection and service.
- Run the DVIR process. Train drivers, route defect reports to maintenance and certify repairs before release.
- Close out roadside inspections. Make the repairs, certify within 15 days and file the report.
- Schedule annual inspections. Use qualified inspectors and keep the report and on-vehicle proof current.
- Document qualifications. Keep training and experience records for inspectors and brake technicians.
- Audit the program. Use periodic audits to sample vehicle files, and treat findings as leading indicators of maintenance problems.
How SMS360 Helps
The SMS360 Vehicle Management module gives fleets one place to keep vehicle records, maintenance history and inspection documents. Teams can track inspection and service due dates with reminders, use digital forms and checklists for inspections, and assign and track corrective actions when defects are found. Dashboards show which units are overdue, and mobile access helps drivers and technicians submit records from the yard or the road. When an auditor asks for a vehicle file, the documents are already organized.
Frequently Asked Questions
How often does FMCSA require preventive maintenance?
Part 396 does not set a fixed preventive maintenance interval. Carriers must run a systematic program and decide their own schedules, often based on manufacturer recommendations, mileage or engine hours. The fixed requirements are the annual inspection, driver pre-trip checks and defect reports, and the 90-day check of bus emergency exits.
How long must vehicle maintenance records be kept?
Under 49 CFR 396.3(c), maintenance records must be kept where the vehicle is housed or maintained for 1 year, and for 6 months after the vehicle leaves the carrier's control. Annual inspection reports are kept for 14 months, DVIRs for 3 months, and roadside inspection reports for 12 months.
Does Part 396 apply to non-CDL vehicles?
Yes. Part 396 applies to commercial motor vehicles as defined in 49 CFR 390.5T, which generally includes vehicles rated at 10,001 pounds or more in interstate commerce. Many box trucks, service trucks and pickup and trailer combinations fall under Part 396 even though their drivers do not need a CDL.
Who can perform brake work on a commercial vehicle?
Only qualified brake inspectors. Under 49 CFR 396.25, the person must understand the work and have completed an approved training program, apprenticeship or certificate, or have at least 1 year of brake-related training or experience. The carrier must keep evidence of these qualifications.
