FMCSR 396.13(a): DVIR Review & Certification

Understand why you were cited for 396.13(a), what it means for your record, and how to avoid it on your next shift.

Severity Weight
3
OOS Eligible
No
BASIC Category
Vehicle Maintenance
Code System
FMCSR
Code:
396.13(a)
Code System:
FMCSR
BASIC Category:
Vehicle Maintenance
OOS Eligible:
No
Severity Weight:
3
Violation Group:
BASIC 5

Ranks #3,037 of 3,146 FMCSR codes by citation frequency.

Violation Description

Driver failing to review the last driver vehicle inspection report and sign to acknowledge it.

In-Depth Explainer

Grounded in TruckCodex roadside-inspection data

What 396.13(a) means in plain language

FMCSR 396.13(a) requires every driver to review the driver vehicle inspection report (DVIR) from the previous driver and sign it to acknowledge that you've read it. This is a handoff process: before you take control of a truck, you need to look at what the last driver documented about the vehicle's condition—brakes, lights, tires, coupling devices, anything they noted as defective or needing attention.

The regulation exists because DVIRs are the primary communication tool between drivers sharing the same vehicle. If the previous driver found a problem, you need to know about it before you roll. If you skip this step or fail to sign the report, you're in violation, even if the vehicle itself is in perfect working order.

This is a paperwork and process violation, not a vehicle defect. The truck can pass every physical inspection and you can still be cited for 396.13(a) if you don't demonstrate that you reviewed and certified the prior inspection report.

What our enforcement data actually shows

Across our 13 million+ roadside inspection records, we have recorded zero citations for 396.13(a) in the all-time database, including zero in the last 12 months and zero in the last 90 days. No vehicles have been placed out of service under this code.

This is an extraordinarily rare citation in practice. Inspectors have the authority to cite it, but our data shows it is almost never enforced at roadside. The CSA severity weight assigned to it is 3, which is a moderate-level severity ranking, but the enforcement volume tells the real story: this code exists on paper as a requirement, but inspector activity against it is virtually nonexistent.

The contrast with peer violations in the vehicle maintenance category is striking. During the same period, inspectors issued 660,737 citations for inoperable required lamps (393.9(a)) and 236,919 citations for general inspection and maintenance violations (396.3(a)(1)). Those physical defects dominate roadside enforcement. DVIR certification—a documentation step—rarely surfaces as the primary citation reason.

Who gets cited most

Because zero citations have been issued for 396.13(a) in our database, we cannot identify a state or carrier pattern. There are no top states, no regional hotspots, and no carrier-specific trend to report. This code has not triggered enough citations to analyze geographic or fleet-level distribution.

If you were cited for 396.13(a), you are part of a vanishingly small group. The citation itself is legally valid, but it is not a common enforcement action.

How severe is this compared to similar codes

Within the vehicle maintenance category, 396.13(a) sits in the middle tier of severity weight but at the far bottom of enforcement frequency.

Compare it to three closely related codes in our database:

393.9(a) — Inoperable required lamps has 660,737 citations with a 15.4% out-of-service rate. This is a physical defect that inspectors routinely catch and cite.

396.3(a)(1) — Inspection, repair, or maintenance (general) has 236,919 citations with a 45.3% out-of-service rate. This is the broadest maintenance violation and carries the highest OOS rate among peers, reflecting its serious nature.

396.17(c) — No proof of periodic inspection has 198,331 citations with a 0.0% out-of-service rate. Like 396.13(a), this is a documentation violation, not a vehicle defect, so it does not result in being placed out of service.

396.13(a) shares the non-OOS profile of 396.17(c)—both are paperwork issues—but it has generated zero citations compared to 198,331 for the periodic inspection proof code. That gap underscores just how rarely DVIR certification is cited as the primary violation.

How to avoid it

DVIR certification is straightforward once you know the requirement. Here are the actions to take:

  • Before you start your shift, locate the prior driver's DVIR. It should be in the vehicle, logged in your fleet's system, or provided by dispatch. Do not assume it exists or has been filed; confirm it is available.

  • Read the entire report, not just the summary. Pay specific attention to any defects marked as "defective" or "needs repair." These tell you what the previous driver found and what you may need to report if the issue persists or worsens.

  • Sign and date the report as soon as you have reviewed it. Your signature is the proof that you performed the review. Many fleet systems now use digital signatures or app-based acknowledgments; use whatever method your company requires.

  • If the prior report notes a defect that affects safety—brakes, steering, lights, tires, coupling—do not operate the vehicle until the defect is addressed or you have confirmed with dispatch that it has been repaired. A signed DVIR certifies that you reviewed it, not that you approved unsafe conditions.

  • Retain a copy of the signed report. It serves as evidence that you complied with the requirement and as a record of the vehicle's condition at the start of your shift.

  • If you cannot locate a DVIR from the previous driver, document that fact. Note the date, time, and reason in writing and notify your fleet. Do not operate without making a reasonable effort to find it; if none exists, your company may need to initiate a new inspection report for your shift.

This is a compliance step that takes minutes and protects both you and your fleet. It is rarely cited, but when it is, it is easily avoidable through basic documentation discipline.

Last updated: 2026-04-20T18:21:42.138Z Based on TruckCodex inspection data See 396.13(a) Q&A → Fleet FAQ →

Data sources & freshness

TruckCodex aggregates official public-sector datasets. See the Source registry for dataset-level coverage and the Freshness log for last-import timestamps.

Census, SAFER, SMS, Licensing & Insurance (L&I), roadside inspections, crashes, and authority history.

Refreshed daily.

Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).

Refreshed daily.
EIA

Retail diesel and gasoline price history and state fuel-tax tables.

Refreshed weekly.

Cross-border carrier registry and Canadian recall campaigns where applicable.

Refreshed weekly.

TruckCodex is an independent aggregator; it is not affiliated with FMCSA, NHTSA, EIA, or Transport Canada. Always verify compliance-critical information directly with the originating agency.