§396.13 Driver inspection

Interpretations to Part 396 — Inspection, repair, and maintenance

Question 1: If a DVIR does not indicate that certain defects have been repaired, and the motor carrier has not certified in writing that such repairs were considered unnecessary, may the driver refuse to operate the motor vehicle?

Guidance: The driver is prohibited from operating the motor vehicle if the motor carrier fails to make that certification. Operation of the vehicle by the driver would cause the driver and the motor carrier to be in violation of §396.11(a)(3) and both would be subject to appropriate penalties. However, a driver may sign the certification of repairs as an agent of the motor carrier if he/she is satisfied that the repairs have been performed.

Editor's Note: J. J. Keller & Associates, Inc., has determined that the above FMCSA guidance has become substantially obsolete due to changes in the regulation on which it is based. Therefore, we believe this guidance can no longer be relied upon as authoritative, although it has not been rescinded officially. Refer to the regulation itself for current requirements. For additional guidance, contact J. J. Keller & Associates, Inc. or an FMCSA Field Office in your state.