396.13(c) DVIR Not Available – Q&A for Drivers

No. Across our inspection records, 396.13(c) citations result in an out-of-service placement only 0.4% of the time. Out of 271 all-time citations in our database, just 1 truck was placed out of service. This is far below the 31.4% national average OOS rate across all FMCSR codes, meaning this violation is treated as a documentational issue rather than an immediate safety risk.

This violation carries a CSA severity weight of 3 points per citation. The actual CSA score impact depends on the 30-day rolling window: if you receive multiple citations within 30 days, the highest-weighted violation in that period counts, and others are discarded. One citation for a missing DVIR will add 3 points to your carrier's Vehicle Maintenance BASIC score, but subsequent citations within 30 days won't compound the score.

Immediate steps: (1) Locate and produce your driver vehicle inspection report (DVIR) for the inspection period in question—if you have it, request the citation be amended. (2) If you don't have it, document when and why it was unavailable (lost, never completed, etc.). (3) Going forward, ensure you complete and retain DVIRs daily as required. (4) Review your carrier's DVIR procedures to prevent repeat violations. (5) If the citation was issued in error, prepare documentation for a DataQs RDR (Roadside Data Review) challenge within the prescribed timeframe.

No, it's among the least serious vehicle maintenance violations. Our data shows 396.13(c) ranks #1122 out of 3,036 FMCSR codes by citation volume, with only 271 all-time citations. Compare that to similar codes: 396.17(c) (no proof of periodic inspection) has 198,331 citations with 0.0% OOS rate, and 393.78 (windshield defective) has 157,894 citations with 0.3% OOS rate. Both are equally documentation-focused and rarely result in OOS placements.

Yes. Because 396.13(c) is a documentation violation (your DVIR record), not an equipment defect, you can contest it if you have evidence the report was actually present, properly maintained, or if the inspection was conducted improperly. Submit a Roadside Data Review (RDR) challenge through the DataQs portal within 90 calendar days of the inspection. Include any DVIR copies, logs, or communication showing the report was available. Equipment-based violations are harder to contest; documentation issues are your strongest ground.

Very rarely. Our records show zero citations for 396.13(c) in the last 12 months and zero in the last 90 days. The 271 all-time citations span years of inspections across 13 million+ records. This suggests enforcement for missing DVIRs is infrequent or that compliance has improved. If you receive a citation today, it indicates an inspector found a genuine documentation gap—take it seriously as a process issue, not as a trend.

Chevrolet and Ford vehicles lead with 16 citations each, followed by Freightliner at 15 citations. Mid-range trucks (RAM, Peterbilt, Isuzu, International) account for smaller portions. No single vehicle type is disproportionately cited for this violation across our 13 million inspection records. The violation is about driver compliance with DVIR procedure, not vehicle design, so citation patterns reflect carrier fleet composition rather than inherent vehicle problems.

Both. The citation appears on your carrier's official record and affects the carrier's Vehicle Maintenance BASIC CSA score. However, FMCSA also tracks individual driver safety records through the carrier's data. A pattern of missing DVIRs attributed to you can influence hiring and retention decisions. The violation is logged against the carrier first, but recurring issues will reflect on your driving record and the carrier's safety management systems.