C.F.R. » Title 49 » CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS › PART 396—INSPECTION, REPAIR, AND MAINTENANCE

49 C.F.R. § 396.13

Driver inspection

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Before driving a motor vehicle, the driver shall:

(a) Be satisfied that the motor vehicle is in safe operating condition;

(b) Review the last driver vehicle inspection report if required by § 396.11(a)(2)(i); and

(c) Sign the report to acknowledge that the driver has reviewed it and that there is a certification that the required repairs have been performed. The signature requirement does not apply to listed defects on a towed unit which is no longer part of the vehicle combination.

(d) The reports required by this section may be created and maintained in electronic format, in accordance with 49 CFR 390.32.

[44 FR 76526, Dec. 27, 1979, as amended at 48 FR 55868, Dec. 16, 1983; 63 FR 33280, June 18, 1998; 85 FR 50793, Aug. 18, 2020; 91 FR 7896, Feb. 19, 2026]
Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 1993–2025 · leading case: Calhoun v. United States Department of Labor
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Calhoun v. United States Department of Labor (2009) ca4 “” 49 C.F.R. § 396.13 (emphasis added). Calhoun claims that, although his inspection methods were more extensive than those prescribed by UPS, they were necessary to satisfy himself that his vehicle was safe to operate and therefore were necessary to comply with these two FMCSRs.”
Yellow Freight System, Inc. v. Lynn Martin, Secretary of the U.S. Department of Labor, Robert Spinner, Intervenor (1993) ca2 “49 C.F.R. § 396.13 (1988). To comply with these federal safety regulations, Yellow truck drivers complete a vehicle inspection report after each trip indicating any maintenance or safety problems with their tractor-trailer rigs.”
Stewart v. NationaLease of Kansas City, Inc. (1996) ksd “See 49 C.F.R. 396.13(a). As defendant points out, surely “safe operating condition” means the same thing when used in various portions of the Motor Carrier Safety Act (Doe.”
D Estate of William Howard McDuffie-connor v. Scott M Neal (2024) michctapp · cites it 5× “See 49 CFR 396.13. Before driving a commercial motor vehicle, federal regulations require a driver to “[b]e satisfied that the motor vehicle is in safe operating condition,” and under some circumstances review the last driver inspection report.”
Buroker v. Pratt Industries, Inc. (2020) ohioctapp “Buroker who operate in intrastate commerce); 49 CFR 396.13 (before driving, the driver shall be satisfied that the vehicle is in safe operating condition); 49 CFR 393.”
Nguyen v. Arce (2002) ca4 “See 49 C.F.R. § 396.13 and 392.7. 4 Maryland Pattern Jury Instruction 18:7.”
James R Bradley Jr v. Prudential Security Inc (2019) michctapp · cites it 2× “11; 49 CFR 396.13; Motor Carrier Safety Act of 1963, 1963 PA 181 ; MCL 480.”
Douglas Melrose v. Ricky Warner (2016) michctapp “11 (improper and fraudulent driver vehicle inspection report), 49 CFR 396.13 (improper driver inspection), 49 CFR 396.”
Nicole T. McGuffey Administratrix of the Estate of Jonathan C. v. Ronald Hamilton (2020) kyctapp “Lamb also had a specific duty to make sure the tractor-trailer was “in safe operating condition” before driving it under 49 C.F.R. § 396.13 (a).6 Indeed, Lamb testified at his deposition that the truck at issue was taken for repairs or 6 McGuffey’s complaint specifically cited…”
Swanson v. Piramal Glass-USA Inc. (2021) ilcd “2; e) Drove a motor vehicle without first being satisfied that the motor vehicle was in a safe operating condition in violation of 49 CFR §396.13 (a); f) Operated a motor vehicle in such a condition as was likely to cause an accident in violation of the provisions of 49 CFR §396.”
Avery v. MG Logistics Inc (2025) scd “Citing MGL’s Rule 30(b)(6) witness testimony, Plaintiff avers that under 49 C.F.R §§ 396.13 and 396.11, Hatton was required to perform a pre-trip inspection with each load he hauled to ensure the landing gear had no damaged, missing, or defective parts.”
— 49 C.F.R. § 396.13(a) — 2 cases
Stewart v. NationaLease of Kansas City, Inc. (1996) ksd “See 49 C.F.R. 396.13(a). As defendant points out, surely “safe operating condition” means the same thing when used in various portions of the Motor Carrier Safety Act (Doe.”
D Estate of William Howard McDuffie-connor v. Scott M Neal (2024) michctapp “See 49 CFR 396.13. Before driving a commercial motor vehicle, federal regulations require a driver to “[b]e satisfied that the motor vehicle is in safe operating condition,” and under some circumstances review the last driver inspection report.”
— 49 C.F.R. § 396.13(b) — 1 case
D Estate of William Howard McDuffie-connor v. Scott M Neal (2024) michctapp “See 49 CFR 396.13. Before driving a commercial motor vehicle, federal regulations require a driver to “[b]e satisfied that the motor vehicle is in safe operating condition,” and under some circumstances review the last driver inspection report.”
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