Defects, repairs, and driver acknowledgment

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Last reviewed November 12, 2026.

The written DVIR is most important when something is wrong with the vehicle. 49 CFR 396.11(a)(2)(i) requires the report to 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.

The carrier's duty to repair and certify

Before requiring or permitting a driver to operate a vehicle, every motor carrier or its agent shall repair any defect or deficiency listed on the driver vehicle inspection report which would be likely to affect the safety of operation of the vehicle. 49 CFR 396.11(a)(3)(i).

Every motor carrier or its agent shall certify on the driver vehicle inspection report which lists any defect or deficiency that the defect or deficiency has been repaired or that repair is unnecessary before the vehicle is operated again. 49 CFR 396.11(a)(3)(ii).

Two points follow from that wording:

• Safety-related defects that would be likely to affect safe operation must be repaired before the vehicle goes out again.
• The carrier may certify that repair is unnecessary. That certification still has to appear on the report that listed the defect or deficiency, and it still has to be in place before the vehicle is operated again.

The rule does not say that a listed item can be ignored. If the carrier decides repair is unnecessary, that decision must be certified on the report.

The next driver's acknowledgment

Before driving, the driver must review the last driver vehicle inspection report if one is required, and must sign the report to acknowledge that the driver has reviewed it and that there is a certification that the required repairs have been performed. 49 CFR 396.13(b) and (c).

The signature requirement does not apply to listed defects on a towed unit which is no longer part of the vehicle combination.

In practical terms, the next driver should be able to see both the listed defects and the carrier's certification before taking the vehicle. The driver's signature is an acknowledgment of that review and of the existence of the certification. It is not a substitute for the carrier's repair-or-unnecessary certification.

Intermodal equipment

For intermodal equipment, 49 CFR 396.11(b)(3) places a similar duty on the intermodal equipment provider: before allowing a motor carrier to transport equipment that has a report of damage, defects, or deficiencies, the provider or its agent must repair reported items that are likely to affect safe operation, and must certify on the original driver's report that the reported items have been repaired or that repair is unnecessary, before the vehicle is operated again.

Broader maintenance duties still apply

The DVIR process sits on top of the general duty in 49 CFR 396.3(a): every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control. Parts and accessories must be in safe and proper operating condition at all times, including those specified in Part 393 and other parts that may affect safety of operation.

A vehicle can also be placed out of service at the roadside under other provisions of Part 396, including 49 CFR 396.9. Those roadside procedures are separate from the driver's daily report, but they are part of the same inspection and maintenance framework.

Related guides

• Post-trip report (49 CFR 396.11)
• Pre-trip inspection (49 CFR 396.13)
• Record retention and carrier responsibilities

Sources

• 49 CFR 396.11 — Report content, corrective action, and certification
• 49 CFR 396.13 — Driver review and acknowledgment
• 49 CFR 396.3 — Inspection, repair, and maintenance
• 49 CFR Part 396 — Inspection, repair, and maintenance (full part)