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New York State Law

Driver Vehicle Inspection

Vehicle inspection, repair, and maintenance standards are critical to the safe operation of commercial motor vehicles. New York has adopted the Federal Motor Carrier Safety Regulations for Inspection, Repair, and Maintenance and Driving of Commercial Motor Vehicles found in 49 CFR, Part 396 and Part 392.

Pre-Trip Inspection

The first thing a driver should do when beginning a tour of duty is to review the driver vehicle inspection (DVIR) report from the previous day. If there were defects noted, you should verify that the DVIR has been signed by a mechanic certifying that either the defect was repaired, or the defect does not affect the safety of the vehicle and repair was unnecessary. If the previous day’s DVIR did contain a defect, you must sign the report to indicate that you have reviewed it and that the required certification and signature are present.

Note: A driver is prohibited from operating a motor vehicle if the company fails to make this certification.

Post-Trip Inspection

At the completion of each day’s work, the driver is required to prepare a DVIR identifying the vehicle and listing any defect or deficiency discovered or reported to the driver that would affect the safety of operation or result in its mechanical breakdown. If defects are noted by the driver, the motor carrier or its agent is required to certify on the original report that the repairs have been made to the defect noted, or that the defect does not affect the safe operation of the vehicle.

The vehicle cannot be driven until the defect has been repaired, or the company has determined that the repair is unnecessary, and has signed the vehicle inspection report.

For more information refer to 49 CFR Part 396.11 of the Federal Motor Carrier Safety Regulations.

If you should have any questions, please feel free to contact our office at 212-509-7700 or email us at Email Me.

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