No Defect DVIR Implemented in California

Back in 2014 the FMCSA rescinded the requirement that commercial motor vehicle (CMV) drivers operating in interstate commerce, except drivers of passenger-carrying CMVs, submit, and motor carriers retain, DVIRs when the driver has neither found nor been made aware of any vehicle defects or deficiencies. As you know California is not an automatic adoption of federal safety regulations as it has to go through regulatory process and or has up to 3 years to implement the regulation. Some CTA members who saw the benefit that the no defect DVIR regulation could have for their companies asked that CTA petition the CHP and request that it begin the rulemaking process to adopt it in California. CTA was recently notified that the No Defect DVIR regulation is now adopted in California. It is effective for both inter and intrastate operations. To view the adopted regulation, click here.  

 

Drivers will still be required to perform pre-trip evaluations of equipment condition, and complete DVIRs if any defects or deficiencies are discovered or reported during the day’s operations. Motor carriers will still be required to have systematic inspection, repair, and maintenance programs (including preventative maintenance) and maintain records to prove measures are being taken to reduce to the extent practicable, the risk of mechanical problems happening while the vehicle is in operation. In addition, motor carriers will still be required to review driver vehicle inspections that list defects or deficiencies and take appropriate action before the vehicle is dispatched again.

 

As a basis for its decision, the U.S. Department of Transportation noted that approximately 95% of all DVIR’s completed list "No Defects" and that this change would save the industry an estimated $1.7 billion annually without compromising safety.