396.13C DVIR Not Available — Driver Q&A

No. Across our inspection records, 396.13C has never resulted in an out-of-service citation—the OOS rate is 0.0%. All 12 citations in our database were non-OOS violations. Compare this to the all-FMCSR average of 31.4%, and you can see this violation is treated as a documentation issue, not an immediate safety removal. That said, the citation will still appear on your inspection record and affect your safety profile.

A 396.13C citation carries a CSA severity weight of 3. The total points depend on the 30-day multiplier applied by FMCSA—if this is your first violation in that window, it's 3 points; if multiple violations occur within 30 days, the multiplier increases. Points decay over time in the Safety Management System. Check your FMCSA Safety Profile to see the exact current point total for your record.

First, verify you have a current DVIR on file for that vehicle. The citation means your driver vehicle inspection report was not produced during the roadside inspection. Document your compliance going forward by submitting DVIRs daily as required. If you were also cited for fatigue or illness (which our data shows can co-occur with this code), address those immediately—they signal deeper compliance gaps. Request a copy of the inspection report to confirm the exact circumstances.

It's relatively minor on the enforcement scale. Our database shows 396.13C ranks #2132 out of 3,036 FMCSR codes by citation volume, with only 7 citations in the last 12 months. Peer codes in vehicle maintenance—like 396.3(a)(1) with 236,919 citations and 45.3% OOS rate—are cited far more frequently and have much higher out-of-service risk. 396.13C is a documentation violation, not an equipment defect.

Yes. You can submit a DataQs challenge to dispute the citation if you believe the DVIR was actually available during inspection, the inspector made an error, or the violation was miscoded. Since 396.13C is a documentation finding rather than an observed mechanical defect, successful DataQs challenges typically hinge on proving the document existed and was accessible. Gather your DVIR records, the inspection report, and any witness statements to build your case.

Over the last 180 days, Iowa dominates the citations with 4 out of a very small national total. Our records show only 4 citations in the last 90 days across the entire country, so this is an extremely rare violation nationwide. Regional enforcement patterns for DVIR documentation vary widely, but the low overall volume suggests it's cited opportunistically rather than as a priority violation.

Act immediately. While the OOS rate is 0.0%, the low citation volume (7 in the last 12 months, 4 in the last 90 days) means enforcement is sporadic but real. The fix is simple: maintain and produce a DVIR at every roadside stop. Since this is a compliance document—not a repair—you can achieve full compliance within 24 hours by implementing a DVIR submission system. Delaying leaves you exposed to another citation.

Stevens Enterprises LLC (USDOT 4046423) accounts for 4 of the 12 all-time citations for this violation. The remaining 8 citations are scattered across single instances at Jason O'Neill, Xtreme Marine Corporation, Joe Lay & Sons Plumbing Co, C R & R Incorporated, Strong Concrete LLC, Superior Internationale Group Inc, Speedy T & T LLC, and Versa Transit Inc. No clear carrier pattern emerges, suggesting the violation is driven by driver practices rather than fleet-wide policy.