Row 15: Not fixing out-of-service defects on a driver vehicle inspection report (49 CFR 396.11(a)(3))

Row 15 fails a new carrier that fails to correct out-of-service defects listed by a driver on a driver vehicle inspection report (DVIR) before the vehicle is operated again. One occurrence fails the audit.

What the rule says

49 CFR 396.11 (a) has three steps:

1. Report. At the end of each day's work, the driver prepares a written report on each vehicle operated, covering at least service brakes and trailer brake connections, parking brake, steering, lights and reflectors, tires, horn, wipers, mirrors, coupling devices, wheels and rims, and emergency equipment. A report is required only if a defect or deficiency is found or reported. The driver signs it.
2. Repair. Before requiring or permitting a driver to operate the vehicle, the carrier must repair any listed defect or deficiency likely to affect safe operation.
3. Certify. The carrier must certify on the report that the defect has been repaired, or that repair is unnecessary, before the vehicle is operated again.

The audit row is "failing to correct out-of-service defects listed by driver in a driver vehicle inspection report before the vehicle is operated" (49 CFR 385.321).

Exceptions and retention

The DVIR rule in 396.11(a) doesn't apply to a private motor carrier of passengers (nonbusiness), a driveaway-towaway operation, or any motor carrier operating only one commercial motor vehicle (49 CFR 396.11 (a)(5)). Carriers it applies to must keep the report, the certification of repairs and the certification of the driver's review for 3 months from the date the report was prepared. Reports may be electronic.

What "out-of-service defect" means here

The row targets defects serious enough to put the vehicle out of service, such as brake, steering, tire or coupling defects of the kind an inspector would place out of service. Minor items still need the repair-or-unnecessary certification, but the automatic fail is about the serious ones. When in doubt, treat a safety-related defect as serious and fix it before the next trip.

What an auditor compares

DVIRs listing defects against repair orders, parts invoices and the next days' logs or ELD movement. A report with a brake defect, no repair record and the truck running the next morning is the violation. A missing certification signature on a fixed defect is a paperwork problem; a missing repair is the automatic fail.

How to fix it

1. Use a DVIR form or app that has a repair certification section, and require it to be signed before dispatch.
2. Make dispatch check the last DVIR for open defects before assigning the truck.
3. Keep repair invoices with the DVIR in the unit's file.
4. Keep DVIRs and certifications for at least 3 months.

If an auditor finds this violation, the audit fails. FMCSA then has up to 45 days to send written notice, and you get 60 days from the notice date to fix the problem and prove it (45 days for certain passenger and hazmat carriers) before your new entrant registration is revoked (49 CFR 385.319, 49 CFR 385.325). The overview explains the timeline.