§396.13 Driver inspection.

Question 1: If a Driver Vehicle Inspection Report (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(c) 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.

Question 2: At the end of the day’s work and upon completion of the required Driver Vehicle Inspection Report (DVIR), what does the driver do with the copy of the previous Driver Vehicle Inspection Report (DVIR) carried on the power unit?

Guidance: There is no requirement that the driver submit the copy of that previous Driver Vehicle Inspection Report (DVIR) to the motor carrier nor is there a retention requirement for the motor carrier.