Headlines cross our social media feeds, stating “injury crash involving local family and a big rig,” or “multiple vehicle pile-up involving semi truck and failed brakes.” These stories are numerous and occur daily across the country. What do they have in common? A failure by a motor carrier to properly maintain the vehicle. Most carriers have robust maintenance programs. When compared to the millions of daily miles driven by commercial vehicle fleets, crash occurrences are low, but when they occur the consequences can be severe.
Maintenance Procedures Required Under the FMCSR
According to the Federal Motor Carrier Safety Regulations (FMCSR), all motor carriers must systematically inspect, repair, and maintain all motor vehicles under its control. These processes are done by an employee of the motor carrier, or a repair facility of their choosing. At a bare minimum, the FMCSR requires each vehicle be inspected once every 12 months by an individual with training and/or experience. Documentation of the required periodic inspection must be on the vehicle — this can be a written report or a decal indicating when the vehicle was last inspected.
The regulations are not specific on additional inspections or maintenance, which allows for more stringent fleet maintenance programs or manufacturer maintenance schedules. The motor carrier retains and maintains records of all inspections and repairs for a period of six months.
The Pre-Trip Inspection Process
Every commercial vehicle driver must perform a pre-trip inspection at the start of each shift. As part of obtaining a Commercial Driver’s License, each applicant must demonstrate they are familiar with pre-trip inspection skills and successfully conduct one. The FMCSR states the driver must be satisfied that the following parts and accessories are in proper working order:
What Drivers Must Inspect Before Each Trip
- Service brake system
- Parking and emergency brake system
- Steering mechanism
- Lighting devices and reflectors
- Tires
- Horn
- Windshield wipers
- Rear vision mirrors
- Coupling devices
- Wheels and rims
- Emergency equipment (fire extinguisher, warning devices)
Warning Signs That Require Further Investigation
It’s during the pre-trip inspection that drivers will notice if anything is out of sorts. Items that require further investigation by the driver or a mechanic include:
- Spots or puddles from leaking fluids
- Inability of an air brake system to maintain proper pressure
- Audible air leaks from the brake or suspension system
- A defective or inoperative low air pressure warning device
- ABS malfunction lamp illuminated
- Inoperative lamps
- Tires with low or irregular wear
- Wheels and rims with cracks or loose fasteners
- Worn or defective brake system components
The End-of-Day Vehicle Condition Report
At the completion of each day, a commercial vehicle driver completes a written report of the vehicle’s condition, including any defect noted during the pre-trip inspection or at any other time during the shift. A copy of the report is given to the motor carrier, who then makes any needed repairs and signs off. The motor carrier retains a copy of that report for 90 days.
When Maintenance Failures Lead to Litigation
While instances of mechanical breakdowns or crashes due to poor maintenance are low, diligence on the part of the motor carrier and commercial vehicle driver can reduce them even further. When a crash does trace back to a maintenance failure — a brake system that wasn’t inspected on schedule, a defect noted on an inspection report but never repaired, a driver pressured to skip a pre-trip inspection — the motor carrier’s own maintenance and inspection records typically become central evidence in the resulting litigation. Reconstructing what a carrier’s maintenance program actually required, and whether it was followed, is closely related to our heavy vehicle post-crash forensic mechanical inspection work.
How Kittelson LLC Can Help
At Kittelson LLC we help with motor carrier vehicle maintenance issues. We provide post-crash forensic vehicle inspections and expert examination of motor carrier inspection and maintenance programs. Additionally, we can assist your clients by providing mock safety audits and training for drivers and mechanics in proper inspection procedures. For the full scope of our litigation support, see our transportation engineering expert witness services, or don’t hesitate to call us at (979) 693-5800 and let us help you with your case.
About the Author
Daniel Slick spent 32 years in commercial vehicle enforcement as a Law Enforcement Officer with the Wisconsin State Patrol, where he served as a compliance review investigator of motor carriers and personally conducted more than 8,000 roadside inspections. He spent 25 years as a Federal Motor Carrier Safety Administration (FMCSA) National Training Center instructor — including 9 years as a Master Instructor evaluating other inspectors — and developed Wisconsin’s State Law-Motor Carrier Enforcement course. Read more about Dan’s background here.
Frequently Asked Questions
Who can review a trucking company’s maintenance and safety program for litigation?
A forensic transportation engineering expert with direct commercial vehicle enforcement or FMCSA compliance experience can review a motor carrier’s maintenance and safety program, inspection records, and driver compliance history to determine whether the program met FMCSR requirements and whether it was followed in practice.
What happens if a truck crash is caused by brake failure or poor maintenance?
If a post-crash inspection or forensic review shows a maintenance failure — a missed inspection, an unrepaired defect, or a violation of FMCSR requirements — that failure can become central evidence of negligence in the resulting litigation, alongside the carrier’s own inspection and repair records.
How often does the FMCSR require a commercial vehicle to be inspected?
At a minimum, the FMCSR requires each commercial motor vehicle to be inspected once every 12 months by a qualified individual, in addition to the driver’s required pre-trip inspection before every shift and the written condition report completed at the end of each day.
What maintenance and inspection records must a motor carrier keep?
Motor carriers must retain records of all vehicle inspections and repairs for six months, and drivers’ written end-of-day vehicle condition reports for 90 days. These records are often requested and reviewed as part of post-crash litigation.