Driver Vehicle Inspection Reports
There is an exemption here that applies to a large share of this site's readers, and almost nobody knows about it.
Start here if you run one truck. Under 49 CFR § 396.11, motor carriers operating only one commercial motor vehicle are among the operations not required to prepare driver vehicle inspection reports. So are driveaway-towaway operations and private passenger carriers operating non-business.
Read the next section before you celebrate, because the exemption is narrower than it sounds and it does not touch your obligation to keep the vehicle safe.
What a DVIR is
A report prepared at the completion of each day's work on each vehicle operated, covering at least these eleven items:
| Service brakes, including trailer brake connections | Parking brake |
| Steering mechanism | Lighting devices and reflectors |
| Tires | Horn |
| Windshield wipers | Rear vision mirrors |
| Coupling devices | Wheels and rims |
| Emergency equipment |
When no report is needed
Two separate things remove the obligation, and they are often confused.
1. No defect found. Drivers are not required to prepare a report if no defect or deficiency is discovered by, or reported to, the driver. A clean day needs no paperwork under this rule.
2. The operation is exempt. Private passenger carriers operating non-business, driveaway-towaway operations, and motor carriers operating only one commercial motor vehicle.
What the single-vehicle exemption does not do
This is where people go wrong, so plainly:
- It does not exempt you from inspecting the vehicle. The duty to operate safe equipment, and the pre-trip inspection obligations, are untouched.
- It does not exempt you from the annual inspection, which is a different regulation with its own automatic-failure consequences.
- It does not exempt you from maintenance records. A systematic inspection, repair and maintenance programme with records is examined in a safety audit.
- It stops applying the moment you run a second vehicle. Add a truck and the obligation arrives with it.
And a practical point: an auditor who sees no DVIRs and no maintenance records at all is not going to assume you were relying on an exemption. Keeping a simple daily record costs nothing and answers the question before it is asked.
What the carrier must do with defects
Before the vehicle is operated again, the carrier must repair any reported defect likely to affect the safety of operation, and then certify that the repairs were completed or that they were unnecessary.
That certification is part of the record. A report of a defect with no corresponding repair certification is worse than no report, because it documents that you knew.
How long to keep them
Inspection reports, the repair certifications and the driver review documentation must be kept for three months from the date the report was prepared.
Frequently asked questions
Does an owner-operator with one truck need DVIRs?
Motor carriers operating only one commercial motor vehicle are not required to prepare them. The duty to inspect and maintain the vehicle, and to keep maintenance records, is unaffected.
Do I file a report if nothing is wrong?
Not required. A report is needed when a defect or deficiency is found or reported.
How long must DVIRs be kept?
Three months from the date the written report was prepared, along with repair certifications and review documentation.
What must the carrier do about a reported defect?
Repair anything likely to affect safe operation before the vehicle is used again, and certify that repairs were made or were unnecessary.
Related
Sources
General information, not legal advice. Regulations change; confirm current requirements with the agency before acting.