Rule2026-03264
Electronic Driver Vehicle Inspection Reports
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 19, 2026
Effective
March 23, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA clarifies the requirement to complete a Driver Vehicle Inspection Report (DVIR) based upon a public comment filed by the National Tank Truck Carriers (NTTC). The DVIR may already be completed electronically, however the explicit language in this rule will make this clear. This will encourage motor carriers and drivers to utilize electronic, cost-saving methods when completing DVIRs.
Full Text
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<title>Federal Register, Volume 91 Issue 33 (Thursday, February 19, 2026)</title>
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[Federal Register Volume 91, Number 33 (Thursday, February 19, 2026)]
[Rules and Regulations]
[Pages 7893-7896]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03264]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 396
[Docket No. FMCSA-2025-0115]
RIN 2126-AC89
Electronic Driver Vehicle Inspection Reports
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: FMCSA clarifies the requirement to complete a Driver Vehicle
Inspection Report (DVIR) based upon a public comment filed by the
National Tank Truck Carriers (NTTC). The DVIR may already be completed
electronically, however the explicit language in this rule will make
this clear. This will encourage motor carriers and drivers to utilize
electronic, cost-saving methods when completing DVIRs.
DATES: Effective March 23, 2026.
Petitions for reconsideration of this final rule must be submitted
to the FMCSA Administrator no later than March 23, 2026.
FOR FURTHER INFORMATION CONTACT: Mr. Bill Mahorney, Chief, Enforcement
Division, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590; (202)
493-0001, <a href="/cdn-cgi/l/email-protection#32505b5e5e1c5f535a5d405c574b72565d461c555d44"><span class="__cf_email__" data-cfemail="bbd9d2d7d795d6dad3d4c9d5dec2fbdfd4cf95dcd4cd">[email protected]</span></a>. If you have questions on viewing or
submitting material to the docket, call Dockets Operations at (202)
366-9826.
SUPPLEMENTARY INFORMATION: FMCSA organizes this final rule as follows:
I. Availability of Rulemaking Documents
II. Executive Summary
A. Purpose and Summary of the Regulatory Action
B. Summary of Major Provisions
C. Costs and Benefits
III. Abbreviations
V. Legal Basis
VI. Discussion of Proposed Rulemaking and Comments
A. Proposed Rulemaking
B. Comments and Responses
VII. Changes From the NPRM
VIII. International Impacts
IX. Section-by-Section Analysis
X. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
B. E.O. 14192 (Unleashing American Prosperity Through
Deregulation)
C. Congressional Review Act
D. Regulatory Flexibility Act
E. Assistance for Small Entities
F. Unfunded Mandates Reform Act of 1995
G. Paperwork Reduction Act
H. E.O. 13132 (Federalism)
I. Privacy
J. E.O. 13175 (Indian Tribal Governments)
K. National Environmental Policy Act of 1969
I. Availability of Rulemaking Documents
To view any documents mentioned as being available in the docket,
go to <a href="https://www.regulations.gov/docket/FMCSA-2025-0115/document">https://www.regulations.gov/docket/FMCSA-2025-0115/document</a> and
choose the document to review. To view comments, click this final rule,
then click ``Browse Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
at U.S. Department of Transportation, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. To be sure someone is there to help
you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
II. Abbreviations
CFR Code of Federal Regulations
CMV Commercial motor vehicle
DOT Department of Transportation
DVIR Driver Vehicle Inspection Report
eDVIR Electronic Driver Vehicle Inspection Report
E-SIGN The Electronic Signatures in Global and National Commerce Act
FMCSA Federal Motor Carrier Safety Administration
FR Federal Register
GPEA Government Paperwork Elimination Act
OMB Office of Management and Budget
PIA Privacy Impact Assessment
PII Personally identifiable information
PTA Privacy Threshold Analysis
NPRM Notice of proposed rulemaking
NSTA National School Transportation Association
NTTC National Tank Truck Carriers
The Secretary The Secretary of Transportation
UMRA The Unfunded Mandates Reform Act of 1995
U.S.C. United States Code
V. Legal Basis
The Motor Carrier Safety Act of 1984 (Pub. L. 98-554, Title II, 98
Stat. 2832, Oct. 30, 1984), as amended, (the 1984
[[Page 7894]]
Act) provides broad authority to regulate drivers, motor carriers, and
vehicle equipment. Section 211 of the 1984 Act grants the Secretary of
Transportation (the Secretary) broad power, in carrying out motor
carrier safety statutes and regulations, to ``prescribe recordkeeping
and reporting requirements'' and to ``perform other acts the Secretary
considers appropriate'' (49 U.S.C. 31133(a)(8) and (10)). The FMCSA
Administrator has been delegated authority under 49 CFR 1.87(f) to
carry out the functions vested in the Secretary by 49 U.S.C. chapter
311, subchapters I and III, relating to commercial motor vehicle (CMV)
programs and safety regulation.
Two Federal statutes govern the Agency's implementation of
electronic document and signature requirements. The Government
Paperwork Elimination Act (GPEA) (Pub. L. 105-277, Title XVII (Secs.
1701-1710), 112 Stat. 2681-749, 44 U.S.C. 3504 note) was enacted on
October 21, 1998, to improve customer service and governmental
efficiency through the use of information technology. The Electronic
Signatures in Global and National Commerce Act (E-SIGN) (Pub. L. 106-
229, 114 Stat. 464, 15 U.S.C. 7001-7031) was signed into law on June
30, 2000. E-SIGN was designed to promote the use of electronic contract
formation, signatures, and recordkeeping in private commerce by
establishing legal equivalence between traditional paper-based methods
and electronic methods. The GPEA defines an electronic signature as a
method of signing an electronic communication that: (a) Identifies and
authenticates a particular person as the source of the electronic
communication; and (b) indicates such person's approval of the
information contained in the electronic communication (section
1710(1)). It also requires Federal agencies to provide individuals and
entities the options of: (a) submitting information to or transacting
with the Agency electronically; and (b) using electronic records
retention when practicable. The GPEA states that electronic records and
their related electronic signatures shall not be denied legal effect,
validity, or enforceability merely because they are in electronic form
(section 1707). It also encourages agencies to use electronic signature
alternatives (section 1704).
For any transaction in or affecting interstate or foreign commerce,
E-SIGN supersedes all pre-existing requirements that paper records be
kept so long as: (a) such records are generated in commercial,
consumer, and business transactions between private parties; and (b)
those parties consent to using electronic methods. Specifically, the
statute establishes the legal equivalence for contracts, signatures,
and other legally required documents, whether in traditional paper or
electronic form (15 U.S.C. 7001(a)(1)).
VI. Discussion of Proposed Rulemaking and Comments
A. Proposed Rulemaking
On May 30, 2025, FMCSA published in the Federal Register (90 FR
22957) an NPRM titled ``Electronic Driver Vehicle Inspection Reports.''
The NPRM proposed to clarify the requirement to complete a DVIR, based
upon a public comment filed by NTTC. Although a DVIR was already
allowed to be completed electronically, the NPRM proposed explicit
language to make this clear. This was intended to encourage motor
carriers and drivers to utilize electronic, cost-saving methods when
completing DVIRs.
B. Comments and Responses
FMCSA solicited comments concerning the NPRM for 60 days ending
July 29, 2025. By that date, five comments were received--four in
support and one recommended revision.
One individual and three trade organizations (NTTC, Owner Operator
Independent Drivers Association, and the American Trucking
Associations) were in favor of the proposal. One trade organization,
the National School Transportation Association (NSTA), offered a
suggestion.
The individual who commented in support also noted that explicitly
allowing electronic DVIRs (eDVIRs) will promote their use and thereby
increase efficiency. He also noted that this increased efficiency might
justify reinstating a requirement for no-defect DVIRs by drivers of
passenger-carrying CMVs.\1\ He reasoned that the requirement to submit
no-defect DVIRs could be reintroduced without substantially increasing
paperwork burden for those drivers using eDVIRs due to the speed at
which eDVIRs may be completed relative to paper-based DVIRs.
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\1\ The final rule, ``Passenger Carrier No-Defect Driver Vehicle
Inspection Report,'' Aug. 18, 2020, 85 FR 50787, which eliminated
the requirement for completion of no-defect DVIRs by drivers of
passenger-carrying CMVs, may be found at <a href="https://www.regulations.gov/document/FMCSA-2019-0075-0014">https://www.regulations.gov/document/FMCSA-2019-0075-0014</a>.
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FMCSA does not agree with the commenter suggesting the Agency
consider reinstating the requirement for the submission of no-defect
DVIRs. The Agency stands by its rationale presented in the preamble to
the December 18, 2014 (79 FR 75437) final rule. There is no basis for
introducing regulatory burdens for drivers to prepare reports
documenting there were no defects or deficiencies observed by or
reported to the driver during the work shift, and for motor carriers to
retain such reports, regardless of whether it is performed
electronically.\2\
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\2\ The approved information collection titled ``Inspection,
Repair and Maintenance,'' Office of Management and Budget control
number 2126-0003 may be found at <a href="https://www.reginfo.gov/public/do/PRAOMBHistory?ombControlNumber=2126-0003">https://www.reginfo.gov/public/do/PRAOMBHistory?ombControlNumber=2126-0003</a>.
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NSTA requested that FMCSA continue to allow paper-based DVIRs as a
compliance alternative. FMCSA will continue to do so.
VII. Changes From the NPRM
This final rule makes no changes from the NPRM.
VIII. International Impacts
Motor carriers and drivers are subject to the laws and regulations
of the countries where they operate, unless an international agreement
states otherwise. Drivers and carriers should be aware of the
regulatory differences between nations.
IX. Section-by-Section Analysis
This section-by-section analysis describes the changes to the
regulatory text in numerical order.
Two places in section 396.11 are revised by specifically noting
that the reports required in that section may be created and maintained
in electronic format, in accordance with section 390.32.
Similarly, section 396.13 is revised to specifically allow for the
electronic creation and maintenance of the reports required in that
section, in accordance with section 390.32.
X. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), and
DOT Regulatory Policies and Procedures
FMCSA has considered the impact of this final rule under E.O. 12866
(58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, and DOT
Order 2100.6B.\3\ The Office of Information and Regulatory Affairs
within the Office of Management and Budget (OMB) determined that this
final rule is not a significant regulatory action under section 3(f) of
E.O. 12866, and has not reviewed it under that E.O.
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\3\ DOT Order 2100.6B is available at <a href="https://www.transportation.gov/regulations/dot-order-21006b-policies-and-procedures-rulemakings">https://www.transportation.gov/regulations/dot-order-21006b-policies-and-procedures-rulemakings</a>.
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This rulemaking revises the regulations to clarify that a DVIR may
be completed electronically. This will
[[Page 7895]]
encourage motor carriers and drivers to use electronic, cost-saving
methods when completing DVIRs and will likely result in cost savings
for those entities that choose to switch to electronic methods. FMCSA
does not have data on the number of entities impacted by this rule.
Absent this information, FMCSA is unable to quantify the cost savings
associated with this rulemaking.
FMCSA does not anticipate that this rulemaking will impact safety.
Motor carriers and intermodal equipment providers are required to
undergo inspections and correct all violations found.
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
E.O. 14192, Unleashing Prosperity Through Deregulation, was issued
on January 31, 2025 (90 FR 9065, Jan. 31, 2025). E.O. 14192 requires
that, for ``each new [E.O. 14192 regulatory action] issued, at least
ten prior regulations be identified for elimination.''
Implementation guidance for E.O. 14192 was issued by OMB
(Memorandum M-25-20, Mar. 26, 2025) defines two different types of E.O.
14192 actions: an E.O. 14192 deregulatory action, and an E.O. 14192
regulatory action.\4\
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\4\ OMB, Guidance Implementing Section 3 of Executive Order
14192, Titled ``Unleashing Prosperity Through Deregulation,''
Memorandum M-25-20, (Mar. 26, 2025).
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An E.O. 14192 deregulatory action is defined as ``an action that
has been finalized and has total costs less than zero. This final rule
is expected to have total costs less than zero, and therefore is
considered an E.O. 14192 deregulatory action.
C. Congressional Review Act
This final rule is not a major rule as defined under the
Congressional Review Act (5 U.S.C. 801-808).'' \5\
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\5\ A major rule means any rule that OMB finds has resulted in
or is likely to result in (a) an annual effect on the economy of
$100 million or more; (b) a major increase in costs or prices for
consumers, individual industries, geographic regions, Federal,
State, or local government agencies; or (c) significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and export
markets (5 U.S.C. 804(2)).
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D. Regulatory Flexibility Act (Small Entities)
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,\6\
requires Federal agencies to consider the effects of the regulatory
action on small business and other small entities and to minimize any
significant economic impact. The term small entities means small
businesses and not-for-profit organizations that are independently
owned and operated and are not dominant in their fields, and
governmental jurisdictions with populations of less than 50,000 (5
U.S.C. 601(6)). Accordingly, DOT policy requires an analysis of the
impact of all regulations on small entities, and mandates that agencies
strive to lessen any adverse effects on these businesses.
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\6\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
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This final rule will impact motor carriers and drivers that
currently use a paper-based DVIR process and chose to switch to
electronic, cost-saving methods. FMCSA anticipates that the majority of
motor carriers who wish to use an electronic process are already doing
so, and therefore, this final rule will not impact a substantial number
of small entities.
FMCSA does not have information to estimate the cost savings
associated with switching to an electronic process for DVIR creation,
maintenance, and signature but anticipates that any cost savings would
be de minimis.
Given that this rulemaking is not expected to impact a substantial
number of small entities, the Agency is comfortable certifying as such.
Consequently, I certify that the action will not have a significant
economic impact on a substantial number of small entities.
E. Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857),
FMCSA wants to assist small entities in understanding this final rule
so they can better evaluate its effects on themselves and participate
in the rulemaking initiative. If the final rule will affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
consult the person listed under FOR FURTHER INFORMATION CONTACT.
Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman (Office of the National
Ombudsman, see <a href="https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman">https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman</a>) and the Regional Small Business Regulatory Fairness
Boards. The Ombudsman evaluates these actions annually and rates each
agency's responsiveness to small business. If you wish to comment on
actions by employees of FMCSA, call 1-888-REG-FAIR (1-888-734-3247).
DOT has a policy regarding the rights of small entities to regulatory
enforcement fairness and an explicit policy against retaliation for
exercising these rights.
F. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C. 1531-
1538) requires Federal agencies to assess the effects of their
discretionary regulatory actions. The Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $206 million (which is the
value equivalent of $100 million in 1995, adjusted for inflation to
2024 levels) or more in any 1 year. Though this final rule will not
result in such an expenditure, and the analytical requirements of UMRA
do not apply as a result, the Agency discusses the effects of this rule
elsewhere in this preamble.
G. Paperwork Reduction Act
This final rule contains no new information collection requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
H. E.O. 13132 (Federalism)
A rulemaking has implications for federalism under section 1(a) of
E.O. 13132 (64 FR 43255, Aug. 10, 1999), Federalism, if it has
``substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.''
FMCSA has determined that this rulemaking would not have
substantial direct costs on or for States, nor would it limit the
policymaking discretion of States. Nothing in this document preempts
any State law or regulation. Therefore, this rulemaking does not have
sufficient federalism implications to warrant the preparation of a
Federalism Impact Statement.
I. Privacy
The Consolidated Appropriations Act, 2005,\7\ requires the Agency
to assess the privacy impact of a regulation that will affect the
privacy of individuals. This final rule will not require the collection
of personally identifiable information (PII).
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\7\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5
U.S.C. 552a (Dec. 4, 2014).
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The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any
[[Page 7896]]
non-Federal agency that receives records contained in a system of
records from a Federal agency for use in a matching program.
The E-Government Act of 2002,\8\ requires Federal agencies to
conduct a Privacy Impact Assessment (PIA) for new or substantially
changed technology that collects, maintains, or disseminates
information in an identifiable form.
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\8\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17,
2002).
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No new or substantially changed technology will collect, maintain,
or disseminate information as a result of this rule. Accordingly, FMCSA
has not conducted a PIA.
The Agency will complete a Privacy Threshold Analysis (PTA) to
evaluate the risks and effects the final rule may have on collecting,
storing, and sharing PII. The PTA will be submitted to FMCSA's Privacy
Officer for review and preliminary adjudication and to DOT's Privacy
Officer for review and final adjudication.
J. E.O. 13175 (Indian Tribal Governments)
This rulemaking does not have Tribal implications under E.O. 13175
(65 FR 67249, Nov. 9, 2000), Consultation and Coordination with Indian
Tribal Governments, because it does not have a substantial direct
effect on one or more Indian Tribes, on the relationship between the
Federal Government and Indian Tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian Tribes.
K. National Environmental Policy Act of 1969
FMCSA analyzed this final rule pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Agency
believes this final rule will not have a reasonably foreseeable
significant effect on the quality of the human environment. This action
falls under a published categorical exclusion and thus is excluded from
further analysis and documentation in an environmental assessment or
environmental impact statement under DOT Order 5610.1D,\9\ Subpart B,
Subsection (e). Specifically, paragraphs (e)(6)(f)(1), (e)(6)(q), and
(e)(6)(aa), which cover regulations pertaining to driver/vehicle
inspections, implementing record preservation procedures, and requiring
motor carriers, their officers, drivers, agents, representatives, and
employees directly in control of CMVs to inspect, repair, and provide
maintenance for every CMV used on a public road, respectively.
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\9\ DOT Order 5610.1D, ``Procedures for Considering
Environmental Impacts,'' may be found at <a href="https://www.transportation.gov/mission/dots-procedures-considering-environmental-impacts">https://www.transportation.gov/mission/dots-procedures-considering-environmental-impacts</a>.
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List of Subjects in 49 CFR Part 396
Highway safety, Motor carriers, Motor vehicle safety, Reporting and
recordkeeping requirements.
Accordingly, FMCSA amends 49 CFR part 396 to read as follows:
PART 396--INSPECTION, REPAIR, AND MAINTENANCE
0
1. The authority citation for part 396 continues to read as follows:
Authority: 49 U.S.C. 504, 31133, 31136, 31151, 31502; sec.
32934, Pub. L. 112-141, 126 Stat. 405, 830; sec. 5524, Pub. L. 114-
94, 129 Stat. 1312, 1560; and 49 CFR 1.87.
0
2. Amend section 396.11 by adding paragraphs (a)(6) and (b)(5) to read
as follows:
Sec. 396.11 Driver vehicle inspection report(s).
(a) * * *
(6) Electronic reporting. The report required by this paragraph (a)
may be created and maintained in electronic format, in accordance with
49 CFR 390.32.
(b) * * *
(5) Electronic reporting. The report required by this paragraph (b)
may be created and maintained in electronic format, in accordance with
49 CFR 390.32.
0
3. Amend section 396.13 by adding paragraph (d) to read as follows:
Sec. 396.13 Driver inspection.
* * * * *
(d) The reports required by this section may be created and
maintained in electronic format, in accordance with 49 CFR 390.32.
Issued under authority delegated in 49 CFR 1.87.
Derek Barrs,
Administrator.
[FR Doc. 2026-03264 Filed 2-18-26; 8:45 am]
BILLING CODE 4910-EX-P
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