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FMCSA Regulations
Truck Inspection and Maintenance Rules: What FMCSA Requires and How Violations Cause Crashes
Quick Answer
Under 49 CFR part 396, trucking companies must systematically maintain their vehicles, drivers must report defects, defects must be repaired before the truck runs again, and every truck and trailer needs an inspection at least every 12 months.
- Systematic maintenance (49 CFR 396.3): carriers must inspect, repair, and maintain every vehicle they control, and keep maintenance records for 1 year, and for 6 months after a vehicle leaves their control.
- Driver reports (49 CFR 396.11): at the end of each day's work, a driver must report any defect affecting safety, and the carrier must repair it or certify that repair is unnecessary before the vehicle runs again.
- Pre-trip check (49 CFR 396.13): before driving, the driver must be satisfied the vehicle is safe and review and sign the last defect report.
- Annual inspection (49 CFR 396.17): every truck, trailer, and converter dolly must pass an inspection at least once every 12 months, and the report must be kept for 14 months (49 CFR 396.21).
- Working brakes (49 CFR 393.48): all brakes a truck is equipped with must be capable of operating at all times, with limited exceptions.
A truck that weighs many times more than a passenger car depends on its brakes, tires, steering, and lights working every single time. When a company cuts corners on maintenance, the people around that truck pay the price. Federal rules in 49 CFR part 396 set out how commercial vehicles must be inspected, repaired, and maintained, and 49 CFR part 393 sets the minimum standards for the parts and accessories themselves, including brakes.
At Seattle Truck Law, we focus only on cases involving large trucks and buses. In our experience, bad brakes usually trace back to two problems working together: poor maintenance and drivers who were never trained to spot brake trouble during their pre-trip inspection. This page explains what the rules require, why they matter after a crash, and how a violation can be proven.
We reviewed every rule on this page against the current text of the Electronic Code of Federal Regulations (eCFR). This page is general information, not legal advice. Every case depends on its own facts.
The rule at a glance
| Requirement | Citation (49 CFR) | Summary |
|---|---|---|
| Who must comply | 396.1 | Motor carriers and their drivers, mechanics, and other staff involved in inspection or maintenance |
| Systematic maintenance | 396.3 | Inspect, repair, and maintain all vehicles; parts in safe condition at all times |
| Maintenance records | 396.3(b)–(c) | Kept 1 year, and 6 months after the vehicle leaves the carrier’s control |
| Unsafe operation forbidden | 396.7 | No driving a vehicle in a condition likely to cause a crash or breakdown |
| Roadside inspections and out-of-service orders | 396.9 | Vehicle may not run until out-of-service repairs are done; carrier certifies repairs within 15 days |
| Driver vehicle inspection report | 396.11 | End-of-day report of safety defects; repair or certify before the next trip; keep 3 months |
| Driver pre-trip inspection | 396.13 | Driver must be satisfied the vehicle is safe and sign the last report |
| Annual inspection | 396.17 | Every vehicle in a combination, at least once every 12 months, proof on the vehicle |
| Inspector qualifications | 396.19 | Annual inspectors must be qualified by training or experience |
| Annual inspection report | 396.21 | Kept 14 months |
| Brake inspector qualifications | 396.25 | Anyone responsible for brake work must be qualified |
| Brakes must work | 393.48 | All brakes capable of operating at all times, with limited exceptions |
What the rule requires
Ongoing maintenance. Every motor carrier must systematically inspect, repair, and maintain all vehicles under its control. Parts and accessories must be in safe and proper operating condition at all times, including those covered by part 393 and others such as frames, suspension, axles, wheels and rims, and steering. On buses, pushout windows, emergency doors, and emergency door marking lights must be inspected at least every 90 days (49 CFR 396.3(a)).
For each vehicle it controls for 30 consecutive days, the carrier must keep records that identify the vehicle, show the nature and due date of scheduled inspection and maintenance, and record the date and nature of inspections, repairs, and maintenance. Those records must be kept where the vehicle is housed or maintained for 1 year, and for 6 months after the vehicle leaves the carrier’s control (49 CFR 396.3(b)–(c)).
No unsafe vehicles on the road. A vehicle may not be operated in a condition likely to cause a crash or a breakdown (49 CFR 396.7). If an inspector declares a vehicle out of service, no one may drive it until the required repairs are done. The carrier must certify within 15 days that the violations were corrected and keep a copy of the roadside inspection report for 12 months (49 CFR 396.9).
Driver vehicle inspection reports. At the end of each day’s work, a driver must prepare a written report on each vehicle driven, covering at least the 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 when a defect is discovered by or reported to the driver. Before the vehicle runs again, the carrier must repair any listed defect likely to affect safety and certify on the report that it was repaired or that repair is unnecessary. The carrier must keep the report and certifications for 3 months (49 CFR 396.11(a)). Reports may be kept electronically.
Pre-trip inspection. Before driving, the driver must be satisfied that the vehicle is in safe operating condition, review the last inspection report when one was required, and sign it to acknowledge that any required repairs were certified (49 CFR 396.13).
Annual inspection. Every commercial motor vehicle must pass an inspection of the components listed in appendix A to part 396 at least once every 12 months, and proof of the inspection must be on the vehicle. In a tractor-trailer combination, the tractor, each trailer, and any converter dolly must each be inspected (49 CFR 396.17). The person doing the inspection must be qualified by training, a state certificate, or at least a year of training or experience (49 CFR 396.19). The inspection report must be kept for 14 months (49 CFR 396.21).
Brakes. All brakes a vehicle is equipped with must be capable of operating at all times, with limited exceptions (49 CFR 393.48). Anyone responsible for inspecting, maintaining, servicing, or repairing a carrier’s brakes must be qualified through an approved program, a state certificate, or at least a year of brake-related training or experience, and the carrier must keep proof of those qualifications (49 CFR 396.25).
Why it matters after a crash
When brakes, tires, or steering fail, the question is rarely just “what broke.” It is also “who knew, and what did they do about it.” Part 396 creates a paper trail. A defect that a driver reported but the company never fixed, a vehicle overdue for its annual inspection, or an out-of-service order that was ignored can show that the crash was preventable and that the company, not only the driver, may be responsible. When a separate maintenance shop handled the brakes, determining who maintained and inspected them, and whether that person was qualified, is a critical part of the investigation.
Inspection data also shows how common these problems are. In its unannounced Brake Safety Day on May 15, 2019, the Commercial Vehicle Safety Alliance (CVSA) reported 10,358 inspections, with 16.1% of the vehicles inspected placed out of service for brake-related violations. Read more in our post on CVSA’s 2019 Brake Safety Day.
Common violations
- Brake defects, including brakes that are not capable of operating as 49 CFR 393.48 requires.
- Defects listed on a driver's report but never repaired or certified.
- Missing, expired, or undocumented annual inspections.
- Drivers skipping or rushing the pre-trip inspection.
- Brake work done by someone who was not qualified.
- Operating a vehicle placed out of service before repairs were made.
- Missing or incomplete maintenance records.
- Worn tires, broken lights, and steering or suspension problems that a systematic maintenance program should have caught.
Roadside inspections do not catch every problem. Inspectors cannot check every truck, and some violations only come to light after a crash, when a lawyer investigates what caused it.
How violations are proven
Because the rules require records, a well-documented case often starts with the company’s own paperwork. In an investigation, we typically look for:
- Maintenance records for the vehicle, including scheduled service and repair history (kept 1 year under 49 CFR 396.3).
- Driver vehicle inspection reports and repair certifications (kept 3 months under 49 CFR 396.11).
- Annual inspection reports and proof on the vehicle (kept 14 months under 49 CFR 396.21).
- Roadside inspection reports and out-of-service orders, with the carrier's repair certifications (kept 12 months under 49 CFR 396.9).
- Inspector and brake inspector qualification records (49 CFR 396.19 and 396.25).
- Physical inspection of the truck after the crash, by qualified experts, before it is repaired or scrapped.
- Data from the truck itself, such as the event data recorder, which can include speed, braking, and daily inspection reports the driver filed.
- Police and crash reports, including any report by a specialized commercial vehicle investigator.
Some of these records only have to be kept for a few months, and a truck can be repaired soon after a crash. A lawyer can send a letter asking the trucking company to preserve the vehicle and its records. Our evidence checklist lists what to gather.
If you were hurt in a crash with a truck or bus that may have had brake or maintenance problems, contact Seattle Truck Law at (866) 580-4878 or reach us online for a free consultation.
General information, not legal advice.
Frequently Asked Questions
Under 49 CFR 396.17, every commercial motor vehicle must pass an inspection at least once every 12 months, and proof of that inspection must be on the vehicle. In a tractor-trailer, the tractor and each trailer must be inspected separately. On top of the annual inspection, drivers must check the vehicle before each trip and report defects at the end of each day’s work under 49 CFR 396.13 and 396.11.
It is the written report a driver prepares at the end of each day’s work when a defect affecting safety is discovered or reported. Under 49 CFR 396.11, it covers items like brakes, steering, lights, tires, and coupling devices. The carrier must repair listed safety defects, or certify that repair is unnecessary, before the vehicle runs again, and keep the report for 3 months.
Under 49 CFR 396.3, maintenance records must be kept for 1 year, and for 6 months after the vehicle leaves the carrier’s control. Driver vehicle inspection reports only have to be kept for 3 months, and annual inspection reports for 14 months. Because these windows are short, it is important to talk to a lawyer quickly so a preservation letter can go out.
It may be. Under 49 CFR 396.3, carriers must systematically maintain their vehicles, and under 49 CFR 396.25, anyone responsible for brake work must be qualified. If a company ignored a reported defect, skipped maintenance, or let an unqualified person work on the brakes, that can support a claim against the company. A separate maintenance shop may share responsibility too, depending on the facts.
Under 49 CFR 396.9, an inspector may declare a vehicle out of service when its mechanical condition or loading would likely cause a crash or breakdown. No one may drive it until the required repairs are completed. The carrier must certify the repairs within 15 days and keep the inspection report for 12 months. Driving an out-of-service vehicle can be strong evidence of carelessness.
Related Resources
Contact the Seattle Truck Law Team Today
If you’ve been injured in a trucking accident, contact Seattle Truck Law at (866) 580-4878 or fill out our online form for a free consultation. You pay no fees or expenses unless we recover compensation on your behalf. Don’t wait—the sooner you contact us, the sooner our attorneys can preserve evidence, investigate your claim, and start building your case.