Brakes, Tires and Upkeep: What Truck Carriers Must Inspect and How Long They Keep the Records

Quick answer: Every motor carrier must systematically inspect, repair and maintain the trucks it controls under 49 CFR 396.3, and keep the records for 1 year, and for 6 months after a truck leaves its control. After a serious truck crash in North Carolina, those records can show whether a known problem with brakes, tires or steering went unfixed. They also have a shelf life, which is why it pays to ask early.

Not every truck crash has a mechanical cause. But when one might, the proof usually sits in the carrier’s files, not with the person who got hurt. Here is what the rules require.

What must a truck carrier inspect and maintain?

Everything that affects safe operation. Section 396.3 says parts and accessories “shall be in safe and proper operating condition at all times.” That includes the parts in Part 393 and others that may affect safety, including frame assemblies, suspension systems, axles, wheels and rims, and steering systems.

Section 396.7 adds a plain rule: a truck may not be operated in a condition likely to cause an accident or a breakdown.

What do the rules say about brakes and tires?

They set specific standards. Section 393.40 says each commercial motor vehicle must have brakes “adequate to stop and hold” the vehicle or combination. Section 393.75 bars operating on a tire with body ply or belt material exposed, a tread or sidewall separation, a flat, an audible leak, or a cut exposing the ply or belt.

The same section sets a tread depth of at least 4/32 of an inch on a major groove for a tire on the front wheels of a truck or truck tractor. A truck’s condition can change once it is repaired or back in service, so ask early.

What must a driver check?

Before driving, the driver must be satisfied that the truck is in safe operating condition, must review the last inspection report if one was required, and must sign to acknowledge it. At the end of the day’s work, the rule requires a written report covering brakes, steering, lights, tires, coupling devices, wheels and rims.

A driver does not have to prepare a report if no defect is found or reported. When a defect is listed, the carrier must fix anything likely to affect safety before the truck is driven again, and certify that the repair was made or was unnecessary.

How long does a carrier keep each record?

It depends on the record, and the shortest time limit is only months. That is why these records should be requested early.

Record	Rule	How long the carrier must keep it
Inspection, repair and maintenance records	49 CFR 396.3(c)	1 year, and 6 months after the truck leaves its control
Driver vehicle inspection reports and repair certifications	49 CFR 396.11(a)(4)	3 months from the date of the report
Periodic (annual) inspection report	49 CFR 396.21(b)(1)	14 months from the date of the report
Roadside inspection form	49 CFR 396.9(d)(3)	12 months from the date of the inspection

What should a maintenance file show?

Who did what, and when. For each vehicle the carrier controls for 30 consecutive days, section 396.3(b) calls for an identification of the vehicle, a way to show the nature and due date of inspection and maintenance operations, and a record of inspections, repairs and maintenance with their date and nature.

A gap between when a repair was due and when it happened is worth a question. So is a defect that appears on a driver’s report more than once.

How often does a truck need a full inspection?

At least once every 12 months. Under section 396.17, a carrier may not use a commercial motor vehicle unless each listed component has passed an inspection during the preceding 12 months, and documentation is on the vehicle. In a tractor-trailer, the tractor and the trailer must each be inspected.

The inspector must prepare a report identifying the components inspected and any that did not meet the standards.

How does maintenance fit with the rest of a truck case?

Often alongside other problems. A carrier that skips maintenance may also push its drivers past the hours limits, and both sets of records can be compared. Upkeep matters for fault as well, since North Carolina’s rule means one finding of fault can bar your claim.

If the crash was serious, the carrier may also have had to test its driver for alcohol and drugs. And don’t confuse the record-keeping periods with your own deadline to file. They are different clocks.

Why call The Emory Law Firm about a truck crash?

These cases turn on paper. Randy Emory’s legal career began with three years in State Farm’s claims department, and he started The Emory Law Firm in Charlotte in 2001. See the firm’s truck accident page and read more about Randy.

If you were seriously hurt, or you lost someone, in a crash with a commercial truck, talk to the firm at (704) 371-4333 while the records still have to be kept. The firm is bilingual, in English and Spanish.