49 CFR Part 396 Explained: Inspection, Repair, and Maintenance, Section by Section
49 CFR Part 396 is the federal rule for inspecting, repairing, and maintaining commercial motor vehicles. What each section, from 396.1 to Appendix A, requires and who it applies to.
- Published
- Cites
- 49 CFR 396.1 · 49 CFR 396.3 · 49 CFR 396.7 · 49 CFR 396.9 · 49 CFR 396.11 · 49 CFR 396.17 · 49 CFR 396.19 · 49 CFR 396.21 · 49 CFR 396.23 · 49 CFR 396.25
49 CFR Part 396, "Inspection, Repair, and Maintenance," is the part of the Federal Motor Carrier Safety Regulations that governs how commercial motor vehicles are kept in safe condition. It covers systematic maintenance by the carrier, the driver's daily report, roadside inspections, the annual (periodic) inspection, who is qualified to perform inspections and brake work, and the records each step leaves behind. Appendix A sets the minimum standards a vehicle has to meet to pass the annual inspection.
Who does Part 396 apply to?
§396.1 makes every motor carrier, and its officers, drivers, agents, representatives, and employees directly concerned with the inspection or maintenance of commercial motor vehicles, responsible for knowing and complying with the part. Intermodal equipment providers, and their people concerned with the inspection or maintenance of intermodal equipment, are covered in the same way.
The obligations land on the carrier or the intermodal equipment provider. A service provider that inspects or repairs a customer's equipment works inside those obligations: the inspector's qualifications under §396.19 and §396.25 and the report under §396.21 are what the customer relies on.
Part 396, section by section
| Section | Heading | What it covers |
|---|---|---|
| §396.1 | Scope | Who must know and comply with the part. |
| §396.3 | Inspection, repair, and maintenance | Carriers must systematically inspect, repair, and maintain every vehicle they control, and keep maintenance records. |
| §396.5 | Lubrication | Each vehicle must be properly lubricated and free of oil and grease leaks. |
| §396.7 | Unsafe operations forbidden | A vehicle may not be operated in a condition likely to cause an accident or breakdown. See unsafe operation and out-of-service. |
| §396.9 | Inspection of motor vehicles and intermodal equipment in operation | Roadside inspections by authorized officials, out-of-service orders, and the carrier's certification that violations were corrected. |
| §396.11 | Driver vehicle inspection report(s) | The driver's written report at the completion of each day's work. |
| §396.12 | Procedures for intermodal equipment providers to accept reports required by §390.42(b) | How intermodal equipment providers receive defect reports from carriers and drivers. |
| §396.13 | Driver inspection | Before driving, the driver must be satisfied the vehicle is in safe operating condition and review the last report where required. |
| §396.15 | Driveaway-towaway operations and inspections | How the part applies to vehicles moved in driveaway-towaway operations. |
| §396.17 | Periodic inspection | The annual inspection: every commercial motor vehicle, against at least the items in Appendix A. See annual DOT inspection requirements. |
| §396.19 | Inspector qualifications | Who may perform the annual inspection. See how to become a DOT inspector. |
| §396.21 | Periodic inspection recordkeeping requirements | What the annual inspection report must contain and how long it is kept. See the annual inspection report form. |
| §396.23 | Equivalent to periodic inspection | When a State or other mandatory inspection program satisfies §396.17. |
| §396.25 | Qualifications of brake inspectors | Who may inspect, maintain, service, or repair brakes. |
| Appendix A | Minimum Periodic Inspection Standards | The annual inspection checklist and its pass/fail limits. See Appendix A. |
Maintenance: §396.3 and §396.5
§396.3(a) requires every motor carrier and intermodal equipment provider to systematically inspect, repair, and maintain all motor vehicles and intermodal equipment subject to its control, or have that done. Parts and accessories must be in safe and proper operating condition at all times.
Motor carriers, except private motor carriers of passengers (nonbusiness), also keep maintenance records for each vehicle they control for 30 consecutive days, retained for one year where the vehicle is housed or maintained, and for six months after the vehicle leaves the carrier's control (§396.3(b) and (c)). Recordkeeping requirements lists what those records must show.
Operation and the driver: §396.7, §396.11, and §396.13
A vehicle may not be operated in a condition likely to cause an accident or a breakdown (§396.7(a)). One discovered in an unsafe condition on the highway may continue only to the nearest place where repairs can safely be made, and only if that is less hazardous to the public than leaving it on the highway (§396.7(b)).
The driver prepares a written report at the completion of each day's work on each vehicle operated (§396.11). Before driving, the driver must be satisfied the vehicle is in safe operating condition and must review and sign the last report where §396.13 requires it.
Roadside inspections: §396.9
Authorized officials may inspect vehicles in operation and declare and mark a vehicle out of service. After a roadside inspection, the carrier certifies within 15 days that the violations noted were corrected, returns the form to the issuing State agency if that agency requests it, and keeps a copy (§396.9(d)(3)). A roadside out-of-service order is a different thing from a failed annual inspection; this page explains the difference.
The annual inspection: §396.17, §396.19, §396.21, §396.23, and Appendix A
Every commercial motor vehicle, including each vehicle in a combination, must be inspected at least every 12 months against at least the items in Appendix A (§396.17). The inspection is performed by someone who meets §396.19, and brake work by someone who meets §396.25. The inspector prepares a report with the six elements in §396.21(a), and the report is kept for fourteen months. Where a mandatory State or other program has been found as effective as §396.17, the inspection is met through that program (§396.23).
For the details, start with annual DOT inspection requirements, then the Appendix A checklist.
Part 396 and preventive maintenance
Part 396 requires systematic maintenance but does not prescribe a preventive-maintenance schedule for any make or model. A PM visit is maintenance work; the annual inspection is a separate regulatory inspection. See PM inspection vs. DOT inspection.
This page summarizes 49 CFR Part 396 as of the eCFR edition of October 1, 2026. It is informational only and does not constitute legal or regulatory advice. Regulations change and State requirements vary. Consult the current eCFR and your State's requirements.