Motor carriers, intermodal equipment providers (IEPs), and drivers must always keep their commercial motor vehicles (CMVs) in safe operating condition, so a comprehensive inspection program is vital. Inspections must be performed on a daily, annual, and systematic basis. Specific records must be kept to prove that the motor carrier or IEP has a compliant inspection program. 

Deficient CMV inspection programs may result in more accidents, more roadside violations, higher Compliance, Safety, Accountability (CSA) scores, more vehicles being placed out of service, more downtime, more fines, and other consequences. (CSA is the safety compliance and enforcement program of the Federal Motor Carrier Safety Administration [FMCSA] that holds motor carriers and drivers accountable for their role in safety.)

• In general, all carriers and intermodal equipment providers (IEPs) engaged in interstate and foreign commerce (including officers, drivers, agents, representatives, and employees directly concerned with commercial motor vehicle (CMV) inspection or maintenance) must be knowledgeable of and comply with the federal inspection regulations.
• “Covered farm vehicles” and “pipeline welding trucks” are exempt from all the federal inspection regulations.
• Non-business, private motor carriers of passengers (PMCPs), such as churches, civic organizations, and scout groups, are exempt from the recordkeeping and post-trip inspection reporting requirements of the federal inspection regulations.

In general, the federal inspection regulations found in Part 396 (as well as the criteria used to perform an annual inspection found in Appendix A) apply to all CMVs and the employers and employees operating them.

A “commercial motor vehicle” is any self-propelled or towed motor vehicle used on a roadway in interstate commerce to transport passengers or property when the vehicle:

• Has a gross vehicle weight rating (GVWR), gross combination weight rating (GCWR), gross vehicle weight (GVW), or gross combination weight (GCW) of 10,001 pounds or more, whichever is greater; or
• Is designed or used to transport 9 or more passengers (including the driver) for compensation, or 16 or more passengers (including the driver) not for compensation; or
• Is used to transport hazardous materials in a quantity requiring placarding.

Refer to 390.3 for details on how the federal inspection rules apply, as well as the major exceptions that exist.

Intermodal equipment providers

IEPs and their agents must understand and comply with the inspection and maintenance requirements in Part 396 for intermodal equipment offered for interchange with motor carriers. Intermodal equipment is defined in 390.5 as “trailing equipment that is used in the intermodal transportation of containers over public highways in interstate commerce, including trailers and chassis.”

Exemptions

Private motor carriers of passengers (PMCPs) — Two exemptions exist in Part 396 for non-business PMCPs (such as churches, civic organizations, scout groups, etc.):

• An exemption from the records required to be maintained in 396.3(b), and
• An exemption from the post-trip inspection report requirements of 396.11.

Covered farm vehicles — “Covered farm vehicles” as defined in 390.5, and their drivers, are exempt from all of Part 396.

Pipeline welding trucks — “Pipeline welding trucks” as defined in 390.38 are exempt from all of Part 396.

• Before beginning a trip, a driver of a commercial motor vehicle (CMV) must evaluate certain parts and accessories and be satisfied that they are in good working order.
• If the last driver who drove the CMV prepared a driver’s vehicle inspection report (DVIR) indicating that the vehicle had a defect, the next driver must review and sign the DVIR before driving, acknowledging that the defect was corrected.
• The driver of the CMV must make en-route inspections within 50 miles of beginning a trip and at every change in duty status, or after every three hours, or after every 150 miles, whichever occurs first.

The primary requirements for CMV inspections are contained in 49 CFR 396, with additional pretrip and en-route inspection requirements for drivers in Part 392.

Pretrip inspections

Section 392.7 requires that drivers be satisfied that basic parts and accessories are in good working order before driving the CMV. This pretrip evaluation must include the following parts and accessories:

• Service brakes, including trailer brake connections
• Parking (hand) brakes
• Steering mechanism
• Lighting devices and reflectors
• Tires
• Horn
• Windshield wiper or wipers
• Rear-vision mirror or mirrors
• Coupling devices
• Wheels and rims
• Emergency equipment

Section 392.8 requires drivers to be satisfied that the emergency equipment listed in 393.95 (fire extinguishers, spare fuses, and warning devices) is in place and ready for use.

In addition, a driver may not drive a CMV unless:

• The cargo is properly distributed and secured.
• The tailgate, tailboard, doors, tarps, spare tire, cargo securement devices, and other equipment are secured.
• Required lamps and reflective devices are not obscured or covered, such as by the tailboard, the load, dirt, or any added vehicle or work equipment (392.33); and
• Cargo or other objects are not obscuring the driver’s view ahead or to the right or left sides, interfering with the driver’s ability to freely move his or her arms and legs, hindering access to emergency equipment, or preventing anyone from easily exiting the cab or driver’s compartment.

The regulations do not specifically require a pretrip inspection, nor an inspection report, but an inspection is widely seen as the only way to ensure a vehicle’s safety before driving. In addition, company policies may require a pretrip inspection and report, and may specify a minimum amount of time for each inspection.

Pretrip DVIR signing

If the last person who drove the vehicle prepared a DVIR indicating that the vehicle had a defect, the next driver must review and sign the DVIR before driving, to acknowledge the mechanic’s or other agent’s certification that the required repairs were completed. No signature is required for defects that were on a trailer that is no longer a part of the combination. (396.13)

Driveaway-towaway operations

Before operating a combination vehicle in a driveaway-towaway operation, the motor carrier must make a careful inspection and test that:

• The tow-bar or saddle-mount connections are properly secured to the towed and towing vehicle;
• The connections function properly, without cramping or binding; and
• The towed motor vehicle follows substantially in the path of the towing vehicle without whipping or swerving. (396.15(b))

En-route inspections

The driver of a truck or truck tractor must perform periodic cargo inspections during each trip. The driver must inspect the cargo and cargo securement devices, and make any necessary adjustments:

• Within the first 50 miles after beginning a trip; and
• At every change in duty status, or after every three hours, or after every 150 miles, whichever occurs first.

Responsibility for proper cargo securement falls to the motor carrier and driver, not the shipper! The driver and carrier must ensure that the cargo is properly secured before driving.

EXCEPTIONS: En-route inspections are not required if the vehicle is sealed and the driver was ordered not to open it, or if the vehicle was loaded in a manner that makes inspection impracticable.

• Except for certain driveaway-towaway operations, the Federal Motor Carrier Safety Regulations (FMCSRs) do not require post-trip inspection of commercial motor vehicles (CMVs), but they do require documentation and repair of safety-related defects.
• Drivers may be required to complete a driver’s vehicle inspection report (DVIR) after a trip if there is a safety-related defect to report.
• Drivers engaged in driveaway-towaway operations with combination vehicles must disassemble and inspect the towbars and saddle-mounts after each trip, looking for any worn, bent, cracked, broken, or missing parts.

Except for certain driveaway-towaway operations, the FMCSRs do not require post-trip CMV inspections. The rules, however, require the documenting and repairing of any safety-related defects. In addition, motor carriers typically require — and enforcement personnel typically expect — drivers to inspect their vehicles thoroughly when they’re done driving for the day.

Post-trip defect reporting

Drivers may be required to complete a post-trip inspection report — also known as a DVIR — when they’re done operating a commercial motor vehicle for the day.

Section 396.11 says the report must be prepared in writing “at the completion of each day’s work on each vehicle operated.” However, a DVIR is required only when there is a safety-related defect to report (although companies can require a daily DVIR as a matter of policy). Having drivers prepare a DVIR every day (whether there is a defect to report or not) is seen as a “best practice” to help ensure that inspections are being performed and risk is being minimized.

When a driver undergoes a roadside inspection and the inspector records a vehicle defect, the driver must add that defect to that day’s DVIR (unless the defect is fixed before the end of the day) so that it gets repaired before the vehicle is driven again.

The report must cover at least the following parts and accessories (though the DVIR itself does not need to contain this list):

• Service brakes, including trailer brake connection
• Parking brake
• Steering mechanism
• Lighting devices and reflectors
• Tires
• Horn
• Windshield wiper(s)
• Rear vision mirror(s)
• Coupling devices
• Wheels and rims
• Emergency equipment

DVIR elements

No specific format is required, but the DVIR must have certain elements:

• The date and vehicle identification;
• A list of any vehicle defects or deficiencies that would affect safe operation or result in a breakdown;
• A way for the driver to indicate that there are no defects or deficiencies; and
• Spaces for three signatures, for:
  1. The driver who prepared the report;
  2. The motor carrier or its mechanic or other agent, to certify that the reported defects have been fixed or don’t need to be fixed; and
  3. The reviewing driver’s signature on reports listing defects or deficiencies, to acknowledge that repairs were made or not needed.

Based on the above, completed DVIRs should have either:

• One signature, when there are no defects to report; or
• Three signatures, when there is a defect to report.

Motor carriers must maintain the original of each vehicle inspection report and certification of repairs for at least three months.

Exceptions

Post-trip inspection reports are not required of:

• Non-business, private motor carriers of passengers;
• Driveaway-towaway operations; or
• Motor carriers operating only one motor vehicle.

Driveaway-towaway operations

Drivers engaged in driveaway-towaway operations with combination vehicles must disassemble and inspect the towbars and saddle-mounts after each trip, looking for any worn, bent, cracked, broken, or missing parts. Before a defective towbar or saddle-mount is used again, the motor carrier must repair or replace it.

• Each driver should submit a driver’s vehicle inspection report (DVIR) at the end of each day for each vehicle operated that day.
• DVIRs must be retained by the motor carrier for three months.
• The motor carrier should file DVIRs by vehicle number and date as this is how DVIRs will be requested by an inspector during an audit.

The following are recommended best practices for the DVIR completion, handling, and document retention process:

1. Each driver completes and submits a DVIR when done operating each vehicle for the day.
2. When a safety-related defect is discovered and noted on a DVIR, the preparing driver signs and immediately submits a copy of the DVIR to the company maintenance facility (or, if on the road, the driver would call or otherwise message the maintenance facility to report the defect). A carrier official (normally a maintenance person) must make or oversee all repairs (or indicate the repairs are unnecessary), and then indicate this by signing the DVIR. If the driver oversaw or performed the repairs (such as what might occur if a driver spends the night on the road), the driver can sign the report as the carrier official.
3. The next driver to pretrip inspect the vehicle reviews the DVIR and signs it, acknowledging that any necessary repairs were completed (or unnecessary). If there were no defects noted, the driver reviews the DVIR and turns it into the company for retention without signing it. This step applies even if the next driver is the driver that completed the DVIR initially.
4. The company must retain the DVIR for three months. It is best to file DVIRs by vehicle unit number and in date order (this is how they will be asked for during an audit).

Commonly used DVIR routing processes

Leaving the last DVIR in the vehicle — While not required by the regulations, some carriers have their drivers leave the last DVIR in the vehicle. This allows the next driver to quickly determine if the vehicle had any defects and if it will be necessary to sign the previous DVIR.

System of slots or clips for each unit — Some carriers equip each unit with a slot or clip for holding DVIRs. The driver needs to locate (and sign, if necessary) the last DVIR in the unit’s slot or clip. After reviewing and/or signing the DVIR, the driver places the report in a “completed” bin or returns it to the slot or clip.

Using the driver’s record of duty status or ELD — Many carriers integrate their DVIRs into their drivers’ records of duty status (logs) or electronic logging devices (ELDs). With paper logs, drivers are typically held responsible for securing the required signatures before submitting the completed log/DVIR (i.e., the driver must submit the log/DVIR to maintenance, reacquire it from maintenance, then resubmit it once all signatures are in place). With ELDs, the software takes care of routing the DVIR through to completion. The log/ELD/DVIR system works best at carriers that operate assigned equipment. There are a couple of warnings related to this practice:

• First, placing the DVIR onto the driver’s paper log changes the retention from three months to six, as this is how long the log portion of the combined from must be retained.
• Second, you must be able to locate DVIRs through drivers’ names (which is how logs are filed). This means having a cross-referencing system that allows the locating of a requested DVIR based on the unit number and driver’s name.

• During an audit, drivers’ vehicle inspection reports (DVIRs) and maintenance records will be examined to determine vehicle violations were corrected.
• If a repair is not recorded on a DVIR, some documentation must exist to show that it was addressed by the driver before the end of the day.
• Motor carriers should conduct internal audits regularly, comparing their drivers’ DVIRs to any roadside inspection reports showing maintenance defects.

During an audit, DVIRs and maintenance records from the day of a roadside inspection that uncovered a vehicle violation will be subjected to special investigation. The investigator will try to determine if the violation was taken care of correctly.

If the driver took care of the repair before the end of the day, then the defect does not need to be reported on a DVIR. However, it is critical that some type of documentation be generated to show that the driver took care of the defect before the end of the day.

Vehicle defect fixed before end of day

Here’s an example scenario with a description of what needs to happen if a driver fixes a safety defect before the end of the day:

• A driver undergoes a roadside inspection at 10:00 AM and has a violation written up for a broken marker light.
• At noon, the driver purchases a light and replaces the light that was out, eliminating the defect.
• The driver turns in documentation (such as a receipt, a note stating the repair was made, a payroll request to be paid for the repair time, etc.) showing that the light was repaired.
• When the driver prepares a DVIR at the end of the day (if needed), the previously-inoperative light is not recorded on the DVIR since it is no longer defective at the end of the workday.

Vehicle defect not fixed by end of day

In the scenario above, if the driver did not repair the defect during the day then the defect must be added to the DVIR prepared at the end of the day. The carrier would then have to address the defect by either repairing it or, as the case may be, determining that the defect need not be repaired because it does not affect the safe operation of the vehicle. Either way, the DVIR would have to be completed, signed by the carrier official, and signed by the next driver to pretrip the vehicle.

Defect documentation is key

If a motor carrier has no documentation showing that a defect was repaired, the repair never happened as far as an investigator is concerned. If there are no documents showing that a driver repaired a defect reported on a roadside inspection form, then the investigator will expect to see the defect listed on a DVIR for the day. If it’s not listed on the DVIR or if the driver did not submit a DVIR that day, the investigator will write a violation. The violation will be for either:

• not having a record of a repair, if the driver fixed it but there is no record of the repair; (396.3) or
• not including a known defect on a DVIR, if the driver did not fix it. (396.11).

Recommended verification process

It is recommended that a motor carrier:

• Perform regular audits that compare drivers’ DVIRs with any roadside inspection reports showing maintenance defects;
• Document, train, and reinforce to drivers the process for communicating repairs to the shop and/or the road service support team; and
• Have a means to cross-reference repairs with the drivers’ DVIRs.

When the shop finds a defect that the driver should have reported but did not, the shop should report the violation to operations and then perform the needed repairs. Operations should appropriately coach the driver.

• Without daily post-trip inspections and driver’s vehicle inspection reports (DVIRs) the risk of a crash, breakdown, or roadside-inspection violation rises.
• Records of daily post-trip inspections can be used to refute litigation claims that undetected vehicle defects caused or contributed to a crash.
• DOT inspectors find it much easier to spot problems if a carrier only requires DVIRs when there is a defect.

Motor carriers have the option of requiring drivers to perform a daily post-trip inspection and then submit a driver’s vehicle inspection report (DVIR) even when there are no defects to report. Here are five reasons to require daily post-trip inspections and DVIRs:

1. To verify that the inspections are being done. Human nature is such that, “If no one is watching and it’s not required, I’m not going to do it.” Having drivers submit inspection reports reinforces the fact that the company wants its drivers doing the required inspections and will hold drivers responsible if the inspections are not being done.
2. Regular inspections are critical for avoiding crashes, breakdowns, and roadside inspection violations. If drivers are not doing post-trip inspections — and showing that they did them by completing DVIRs — the chance of any or all three occurring goes up.
3. The company may want to protect against claims during litigation that undetected vehicle problems caused or contributed to a crash. Being able to present records that show the driver conducted the required inspections and that the vehicle was in good condition can only help during litigation. Not having such paperwork can leave a carrier and driver open to questions about the timing and findings of inspections.
4. Having the driver only submit a DVIR on days when there is a defect can lead to a tracking problem. Should a DVIR have been done by the driver today? Did the driver not submit one when it was required? Do the drivers believe they never have to submit one, due to believing that just telling someone about a defect is adequate? One way to ensure DVIRs are being done when required is to require drivers to submit one daily.
5. If the company undergoes an audit, daily DVIRs will show that an important “safety management control” is in place when it comes to driver inspections. Also, Federal Motor Carrier Safety Administration inspectors are finding it much easier to spot problems during an audit if a carrier requires DVIRs only when there is a defect. It doesn’t take much to get over the 10 percent threshold for a violation when matching roadside inspections with maintenance issues against many fewer DVIRs.

Drivers, operations personnel, and maintenance personnel must have a thorough understanding of the DVIR process used by the carrier. The carrier should make sure the DVIR process is adequately covered as part of initial and refresher training.

• Drivers preparing to transport intermodal equipment must inspect and be satisfied that certain components are in good working order before transport begins.
• The motor carrier or driver must report any known defects or deficiencies in intermodal equipment upon its return to the provider.
• The intermodal equipment provider must make the repair or indicate that repair was unnecessary and then sign the report before the equipment is operated again.

Motor carriers and drivers operating intermodal equipment (trailers and chassis used to transport intermodal containers) must conduct a pre-trip inspection before the equipment is operated and must report any defects when the equipment is returned to its provider.

In addition, a motor carrier:

• Must not use intermodal equipment that has not passed an annual inspection under 49 CFR 396.17 during the preceding 12 months. Documentation of the inspection must be on the vehicle.
• May not require or allow any employee who does not meet the minimum brake inspector qualifications of 396.25(d) to be responsible for the inspection, maintenance, service, or repairs of any brakes on intermodal equipment. Documentation of the employee’s qualifications must be maintained.

Intermodal pretrip inspections

Drivers preparing to transport intermodal equipment must inspect the following components and be “satisfied” that they’re in good working order before the equipment is operated over the road:

1. Service brake components that are readily visible to the driver, performing as thorough a visual inspection as possible without physically going under the vehicle, and trailer brake connections;
2. Lighting devices, lamps, markers, and reflective tape or reflectors;
3. Wheels, rims, lugs, and tires;
4. Air-line connections, hoses, and couplers;
5. King pin upper coupling device;
6. Rails or support frames;
7. Tie down bolsters;
8. Locking pins, clevises, clamps, or hooks; and
9. Sliders or sliding frame lock.

Intermodal post-trip inspections

When intermodal equipment is being returned to its provider (or the provider’s agent), the motor carrier or driver must report any known defects or deficiencies in the equipment. The report must include, at a minimum, the same parts and accessories that are included in the pretrip inspection.

NOTE: The post-trip report is only required when there are defects or deficiencies to report.

No specific format is required for the post-trip report, but it must include:

• The name of the motor carrier,
• The U.S. Department of Transportation (USDOT) numbers of the motor carrier and intermodal equipment provider,
• The identifying number of the intermodal equipment,
• The date and time the report was submitted,
• Any defects or deficiencies, and
• The signature of the driver.

For any defects or deficiencies noted on the report, the intermodal equipment provider must make the repair or indicate repair was not necessary, and sign the report, before the equipment is operated again. These inspection reports must be maintained for three months.

• Proof of having passed an annual inspection must always be on the commercial motor vehicle (CMV).
• If a CMV has not been inspected according to federal standards within the past year, or if there is no proof of inspection, then the vehicle cannot be operated on a public roadway.
• The inspection report must be retained where the vehicle is housed or maintained, for 14 months.

CMVs must pass a comprehensive inspection at least annually and must carry proof of having passed it.

This annual or “periodic” inspection can be satisfied through a carrier’s own inspection program, a third-party business, or a state inspection program, if the inspection complies with federal or compatible state standards. All vehicles used in a combination must be inspected, including trailers and converter dollies, not just power units.

The inspection must cover at least the components listed in Appendix A to Part 396, which also describes the conditions that would cause a vehicle to fail the inspection.

The motor carrier that has possession of the vehicle is responsible for the inspection. If a vehicle has not been inspected according to federal standards within the past year, or if there is no proof of inspection, then the vehicle cannot be operated on a public roadway. Intermodal equipment providers are responsible for the annual inspection of intermodal equipment that is interchanged to motor carriers.

What is ‘annually’?

An annual inspection must be performed at least annually, which generally means at least every 365 days. Though an inspection sticker may show only the month and year of the last inspection — and though a DOT inspector may choose to give extra time — it’s best to perform the next inspection before a year has passed since the exact date of last inspection. Inspections performed under a mandatory state inspection program, however, are valid for 12 months from the last day of the month in which the inspection was performed.

Proof of inspection

Proof of having passed an annual inspection must always be on the vehicle when operating on a highway. This proof can either be:

• A copy of the full inspection report that was prepared by the inspector; or
• A sticker, decal, or similar document that includes the inspection date, the name and address of the location where the inspection report is being kept, information identifying the vehicle if the vehicle is not clearly marked, and a certification that the vehicle passed an inspection in accordance with Section 396.17.

Locating the sticker

The regulations do not specify where an inspection sticker must be placed on a vehicle. However, the driver is responsible for making sure an inspector can access the sticker upon request, so the driver must know where the sticker is located and must make sure that it remains legible and current. To that end, it’s a good idea to place the sticker in an easily accessible location that’s protected from the elements, such as on the driver’s side door jamb or on the rear corner of the cab.

Inspection options

The following are ways the inspection requirements can be satisfied:

1. Mandatory state inspection — A vehicle will satisfy the annual inspection requirements if inspected under a state or provincial mandatory inspection program in Alabama, California, Connecticut, Hawaii, Illinois, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, the District of Columbia, any Canadian province, or under Mexico’s NOM (Norma Oficial Mexicana or Official Mexican Standard) 68 inspection program.
2. Commercial garage or leasing facility — A vehicle can be inspected by a commercial garage, leasing company, truck stop, or other third party if the company has appropriate inspection facilities and uses qualified inspectors. The motor carrier can allow the inspecting company to retain all required documentation, but the motor carrier remains responsible for compliance.
3. Self-inspection — A final option is for the motor carrier to do the inspections itself, using qualified inspectors.

New vehicles

New vehicles must also carry proof of annual inspection, but a vehicle dealer who complies with the inspection requirements may provide the documentation (sticker and/or inspection report) for the initial inspection.

Inspection report

The qualified inspector performing the annual inspection must prepare an inspection report that includes:

• The individual performing the inspection;
• The motor carrier operating the vehicle, or the intermodal equipment provider intending to interchange the vehicle to a motor carrier;
• The date of the inspection;
• The identity of the vehicle inspected;
• The components inspected and the results of the inspection; and
• A statement certifying the accuracy and completeness of the inspection.

The inspection report (or a copy) must be retained where the vehicle is housed or maintained, for 14 months.

• Annual inspectors of commercial motor vehicles (CMVs) must understand the inspection criteria, be able to identify defective components, and have mastered the methods, procedures, tools, and equipment used to perform an inspection. Motor carriers and intermodal equipment providers (IEP) must ensure that all inspections, maintenance, service, or repairs to the brakes of CMVs are performed by qualified brake inspectors.

In general, inspection, maintenance, and repairs can be performed by anyone the carrier deems competent. There are no specific qualifications for mechanics. However, the regulations do specify the qualifications for two specific types of work:

• Performing annual inspections, and
• Performing brake inspections or other brake work.

Annual inspectors

Individuals who perform annual vehicle inspections as required under 49 CFR 396.17 must:

• Understand the inspection criteria in Part 393 and Appendix A to Part 396;
• Be able to identify defective components;
• Be knowledgeable of and have mastered the methods, procedures, tools, and equipment used when performing an inspection; and
• Have enough experience and/or training to perform inspections, by either:
  • Completing a government-sponsored training program;
  • Having a state or Canadian provincial qualification certificate to perform CMV safety inspections; or
  • Having at least one year of training and/or experience, which can include participation in a commercial training program or experience as a CMV mechanic or inspector.

Carriers need to have evidence that their inspectors are qualified and must keep that evidence for the entire time the individual is performing inspections plus one additional year. No evidence is needed for inspections performed by the state or an enforcement agency.

NOTE: If a motor carrier has a commercial garage, leasing company, or other facility perform its inspections, that other company can keep evidence of the inspector’s qualifications, but the motor carrier must be able to provide copies of that evidence to enforcement officials or risk a violation of 396.19.

Brake inspectors

Motor carriers and intermodal equipment providers (IEPs) must make sure that all inspections, maintenance, repairs, or service to the brakes of CMVs are performed by qualified brake inspectors.

A brake inspector is defined as an employee of a motor carrier (or IEP) who is responsible for ensuring that brake inspections, maintenance, repairs, or service meet the safety standards. Brake inspectors employed by leasing companies, commercial garages, or other third parties are not subject to the qualification requirements.

The brake inspector qualifications are listed in 396.25 and are similar to the requirements for persons performing annual inspections. The requirements can be met in such ways as completing an approved apprenticeship or training program or through experience in performing brake-related tasks.

Carriers must keep documentation on file showing that brake inspectors are qualified, and it must be kept until one year after the person is no longer employed as a brake inspector.

Driver qualifications

Simply having a commercial driver’s license (CDL) does not qualify a person as a brake inspector. A driver who holds a CDL with no air-brake restriction may inspect an air-brake system but may only adjust the brakes if being supervised by a qualified inspector (under approval from the carrier). The supervision may be done by telephone.

Drivers may be deemed qualified to perform limited tasks, such as brake inspection and adjustment, without being fully qualified to perform other brake-related tasks such as repair or replacement.

• The interval between systematic inspection and maintenance of a commercial motor vehicle is up to the carrier to decide (besides the required 90-day systematic inspection required for bus pushout windows, emergency doors, and emergency door marking lights).
• The interval between inspection and maintenance is often based on the original equipment manufacturer (OEM) recommendations, vehicle history, and vehicle use, but whichever interval is used by the carrier, it must be reasonable and systematic.

Each motor carrier and intermodal equipment provider is required to “systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all vehicles subject to its control.” (49 CFR 396.3) Although the regulations do not specify the details, they do mandate the inspection, repair, and maintenance of:

1. All parts and accessories specified in Part 393, and any additional parts and accessories which may affect safety of operations, including (but not limited to) frame and frame assemblies, suspension systems, axles and attaching parts, wheels and rims, and steering systems.
2. For buses only: pushout windows, emergency doors, and emergency door marking lights are to be inspected at least every 90 days.

Other than the 90-day systematic inspection for buses, the interval between “systematic” inspection and maintenance operations is left to the carrier to decide. The interval is often based on time or mileage, such as every 10,000 miles or every three months, for example, depending on OEM recommendations, vehicle history, and vehicle operations. The exact elapsed mileage or time — and the actions that are performed at that mileage/time — is left to the discretion of the motor carrier, but the program must be reasonable and systematic. Once a systematic inspection and maintenance program is established, the carrier is expected to follow it and document the inspections and maintenance as it occurs.

Unsafe operations

When a vehicle is found to be defective to such an extent that it is likely to break down or cause an accident, it cannot be operated. Vehicles that are found to be defective while en route may only be operated to the nearest place where repairs can safely be made, and only if that is less hazardous than remaining on the roadway.

• Inspection records for motor carriers and intermodal equipment providers (IEPs) must be retained for one year at the location the vehicle or equipment is housed or maintained.
• Motor carriers must also maintain copies of roadside inspection forms, drivers’ vehicle inspection reports, proof of periodic inspection (including the original or copy of the report), and evidence of an individual’s qualifications to conduct annual or brake inspections.

Motor carriers and IEPs must maintain paper or electronic inspection records. For any commercial motor vehicle controlled for 30 days or more (including trailers), these records must include:

1. An identification of the vehicle, including company number (if marked with one), as well as its make, serial number, year, and tire size, and the name of the person furnishing the vehicle if it’s not owned by the carrier;
2. A way to indicate the nature and the due date of the various inspection and maintenance operations to be performed (also known as the preventive maintenance schedule);
3. A record of the inspection, repair, and maintenance operations that were performed, including their date and nature; and
4. For buses, a record of tests conducted on pushout windows, emergency doors, and emergency door marking lights.

IEPs must also maintain (or cause to be maintained) the above records for each unit of intermodal equipment they tender or intend to tender to a motor carrier.

These records must be kept for one year, where the vehicle is housed or maintained. Once a vehicle leaves the control of the carrier or IEP, the file must be retained for six months.

Other inspection records

Motor carriers must keep the following inspection records, in addition to the above:

Daily vehicle trip inspections, like most motor carrier safety regulations in Canada, are handled at the jurisdictional level.

Most Canadian jurisdictions base their regulations on National Safety Code (NSC) Standard 13, Trip Inspections. NSC Standard 13 covers Canada’s general requirements for vehicle pre-trip inspections. The goal of NSC Standard 13 is to ensure that the mechanical fitness of a vehicle is sufficient to avoid conditions that may contribute to vehicle crashes or breakdowns.

NSC Standard 13 specifies minimum procedures for ensuring the vehicle is fit for operation before it is used on a highway.

Periodic inspections are required by all Canadian jurisdictions, but frequency may vary by vehicle type and jurisdiction. Most vehicles require inspection at least every 12 months, but some vehicles such as buses, may need to be inspected every six months.