Glossary. Updated 2026-10-30

What Is 49 CFR 396?

Short answer: 49 CFR Part 396 is the part of the Federal Motor Carrier Safety Regulations titled Inspection, Repair, and Maintenance. It requires motor carriers to systematically inspect, repair and maintain their vehicles, keep maintenance records, act on driver inspection reports, pass an annual inspection and use qualified inspectors and brake inspectors.

Definition

Part 396 of Title 49 of the Code of Federal Regulations is one of the Federal Motor Carrier Safety Regulations administered by FMCSA. Section 396.1 says every motor carrier, and its officers, drivers, agents, representatives and employees directly concerned with the inspection or maintenance of commercial motor vehicles, must know and comply with it. Intermodal equipment providers are covered too.

The main sections

  • 396.3: systematic inspection, repair and maintenance, and the maintenance records each carrier keeps.
  • 396.5: lubrication and freedom from oil and grease leaks.
  • 396.7: a vehicle may not be operated in a condition likely to cause an accident or breakdown.
  • 396.9: roadside inspections and out-of-service orders.
  • 396.11 and 396.13: driver vehicle inspection reports and the driver's review before driving.
  • 396.17, 396.19 and 396.21: the periodic (annual) inspection, inspector qualifications and inspection records.
  • 396.25: qualifications of brake inspectors.
  • Appendix A: minimum periodic inspection standards.

Why it matters to repair shops

The legal duty sits with the motor carrier, but the rule reaches shops when they act as the carrier's agent: repairing and certifying DVIR defects, performing annual inspections, and producing the repair records the carrier must keep. Shops that document work to Part 396 standards are easier for fleets to keep.

Read more

See 49 CFR 396 explained for shops for a section by section walk-through, and how long to keep truck maintenance records for the retention clocks. Always check the current text on eCFR before relying on a summary, because the regulations are amended from time to time. Definitions used throughout the part, such as commercial motor vehicle and motor carrier, live in 49 CFR 390.5.

Questions

Who enforces 49 CFR 396?

The Federal Motor Carrier Safety Administration, together with state enforcement agencies through roadside inspections and audits.

Does Part 396 apply to farm vehicles?

Section 396.1(c) says the part does not apply to covered farm vehicles as defined in 49 CFR 390.5, or to their drivers.

Sources

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