04 / VEHICLE & ROAD SAFETY
Vehicle & road safety
Compare the condition observed by the driver with the carrier's inspection and maintenance records. Use the related regulation source when reviewing a defect or inspection record.
Vehicle inspection is more than a sticker or a walk-around. The driver must be satisfied with safe condition before driving; safety-related or breakdown-related defects must be reported and addressed; the carrier must separately manage the federal annual inspection and any applicable California 90-day inspection.
These entry points cover common requirements in 49 CFR Part 396 and California Vehicle Code § 34505.5. Vehicle type, interstate or intrastate operation, one-CMV carriers, private nonbusiness passenger carriage, driveaway-towaway operations, intermodal equipment, and State-equivalent inspections can change the requirements, so applicability comes first.
Start with these requirements
The driver must first be satisfied that the vehicle is safe to operate
- What the rule requires
- Before driving, the driver must be satisfied that the vehicle is in safe operating condition. When a prior DVIR is required, review it and sign as required by §396.13(c), checking the carrier’s certification under §396.11(a)(3)(ii) that listed defects were repaired or that repair was unnecessary. An old report is not an automatic release. If brakes, tires, lights, steering, coupling devices, or other safety items raise concern, stop, report through the carrier process, and determine whether operation is permitted.
- Conditions and exceptions
- The signature requirement in §396.13(c) does not apply to listed defects on a towed unit no longer part of the vehicle combination. This does not remove the safe-operating-condition check or the carrier’s duty to repair defects that affect safety.
Before driving a motor vehicle, the driver shall:
(a) (a) Be satisfied that the motor vehicle is in safe operating condition;
(b) (b) Review the last driver vehicle inspection report if required by § 396.11(a)(2)(i); and
Identify, report, and address safety or breakdown defects
- What the rule requires
- A driver who discovers or receives notice during the day of a defect that could affect safe operation or cause a mechanical breakdown must, at the end of that workday, identify the vehicle and defect in the applicable DVIR and sign it; each vehicle driven that day is handled separately. The federal rule says a no-defect report is not required when no defect was discovered or reported, but the section has exceptions, including for a carrier operating only one CMV, and State or carrier rules may be stricter. Before the vehicle operates again, the carrier must complete necessary repairs and certify that repairs were made or that repair was unnecessary; the vehicle may continue only when it can be operated safely.
(2) Report content. (i) The report must identify the vehicle and list any defect or deficiency discovered by or reported to the driver which would affect the safety of operation of the vehicle or result in its mechanical breakdown. If a driver operates more than one vehicle during the day, a report must be prepared for each vehicle operated. Drivers are not required to prepare a report if no defect or deficiency is discovered by or reported to the driver.
(ii) The driver must sign the report. On two-driver operations, only one driver needs to sign the driver vehicle inspection report, provided both drivers agree as to the defects or deficiencies identified.
The federal annual inspection covers each combination unit and requires vehicle documentation
- What the rule requires
- A CMV subject to § 396.17 must be inspected for at least the components in Appendix A. In a combination, the tractor, semitrailer, full trailer, and any converter dolly are each vehicles that must be inspected. A carrier may not use a vehicle unless it passed the required inspection during the preceding 12 months and documentation is on the vehicle. The on-vehicle documentation may be the § 396.21(a) inspection report or another form based on that report, such as a sticker or decal. If another form is used, a date alone is not enough; it must also state the name and address of the business or other entity where the report is maintained, uniquely identify the vehicle when needed, and certify passage under § 396.17. State-equivalent and other paths require separate review under § 396.23.
(a) Every commercial motor vehicle must be inspected as required by this section. The inspection must include, at a minimum, the parts and accessories set forth in appendix A to this part. The term commercial motor vehicle includes each vehicle in a combination vehicle. For example, for a tractor semitrailer, full trailer combination, the tractor, semitrailer, and the full trailer (including the converter dolly if so equipped) must each be inspected.
California's 90-day inspection is a carrier duty for covered vehicles
- What the rule requires
- For a vehicle covered by § 34505.5 and not exempted under § 34501.12, the carrier must include an inspection at least every 90 days, and more often when necessary, in its systematic maintenance program. The inspection includes at least brake adjustment and systems, steering and suspension, tires and wheels, and connecting devices. A vehicle out of service more than 90 days need not be inspected at 90-day intervals, but it must be inspected before highway operation. Listed defects generally must be corrected and attested by an authorized representative before operation except travel to a repair location, and records are retained two years. Confirm coverage first; this is not a CHP visit every 90 days.
WORKED EXAMPLE
A deep tire sidewall cut appears before dispatch
A driver finds the issue during the pre-trip walk-around. The right response is to connect the actual condition with the required records and decision before departure.
Stop and assess
Do not dispatch. Inspect the tire and adjacent wheel components and determine whether the vehicle is in safe operating condition.
Identify the vehicle and defect
Under the applicable process, record the vehicle, location, and condition and notify the carrier; also review any prior DVIR that § 396.13 requires.
Repair, confirm, then release
The carrier determines whether the defect affects safety, completes necessary repairs and records the confirmation, then checks the annual inspection and any applicable California 90-day record before release.
The pre-trip check addresses whether the vehicle is safe now, the DVIR addresses reporting and repair, and annual or 90-day inspections address periodic maintenance. Each serves a different purpose.
Common mistakes in day-to-day work
Misunderstanding 1: Federal law always requires a daily no-defect DVIR
Section 396.11(a)(2)(i) says the report is not required when no defect was discovered or reported, and the section also has exceptions such as a carrier operating only one CMV. State, company, or intermodal processes may differ, so check the applicable rule.
Misunderstanding 2: An annual-inspection sticker replaces the pre-trip check
The annual documentation shows that the vehicle passed the periodic inspection within the prior 12 months. Section 396.13 still requires the driver to be satisfied with current safe condition before driving and, when applicable, to review the prior DVIR and repair certification.
Misunderstanding 3: BIT means CHP visits every 90 days
The 90-day interval in § 34505.5 is the carrier's periodic inspection duty for covered vehicles. When CHP selects carrier facilities for priority inspection under § 34501.12, it considers factors such as never-inspected facilities, system-identified carriers, and specified vehicles. That is separate from the carrier's 90-day inspection duty.
Full text and sources
REGULATION TEXT · ENGLISH
§ 396.13 Driver inspection.
§ 396.13 Driver inspection.
- Source edition date
- 2026-10-08
- Captured
Edition noteOfficial-source snapshot; current consolidated law and subsequent amendments have not been verified.
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REGULATION TEXT · ENGLISH
§ 396.11 Driver vehicle inspection report(s).
§ 396.11 Driver vehicle inspection report(s).
- Source edition date
- 2026-10-08
- Captured
Edition noteOfficial-source snapshot; current consolidated law and subsequent amendments have not been verified.
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REGULATION TEXT · ENGLISH
§ 396.17 Periodic inspection.
§ 396.17 Periodic inspection.
- Source edition date
- 2026-10-06
- Captured
Edition noteOfficial-source snapshot; current consolidated law and subsequent amendments have not been verified.
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REGULATION TEXT · ENGLISH
California Vehicle Code § 34505.5
California Vehicle Code § 34505.5
- Source edition date
- Not provided
- Captured
Edition noteOfficial-source snapshot; current consolidated law and subsequent amendments have not been verified.
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Federal provisions are sourced from eCFR; passages from §§396.13 and 396.11 were reselected against the then-current library editions on October 12, 2026. On October 17, 2026, California §34505.5 was checked against the current official text and each selected passage was matched to the current official library edition captured October 16. An edition change alone does not establish a legal amendment; the section still identifies AB 3278, effective January 1, 2025. See each reader for versions and limitations. Chinese text is a CTAC explanation, not an official translation.