# FMCSA Part 396 and NEMT Vans in 2027: Inspection, Repair, and Maintenance Rules

Canonical URL: https://nemtguide.com/guides/fmcsa-vehicle-inspection-rules/ · Updated 2026-10-02

Part 396 applies to a NEMT van only when it is a commercial motor vehicle on an interstate trip: rated 10,001 pounds or more, or built or used for 9 or more people and paid per ride, on a trip that crosses a state line. Then you need a maintenance file, driver defect reports, and a yearly inspection. Kentucky and Pennsylvania also apply it to some in-state trips.

- Part 396 reaches a NEMT van only when it is a commercial motor vehicle on a trip that crosses a state line.
- Most sedans, minivans, and wheelchair vans built and used for 8 or fewer people and rated under 10,001 pounds are never covered.
- A covered van needs a maintenance file, end-of-day defect reports, and a yearly inspection with proof carried on the van.
- A state inspection that meets the federal standards counts as the yearly inspection for 12 months.
- Kentucky applies Part 396 to in-state carriers, and Pennsylvania applies it to every van in PUC-regulated paratransit service.

Part 396 is the federal rule on inspecting, repairing, and maintaining commercial vehicles. Owners hear about it from brokers, insurers, and roadside officers, and many assume it covers every van. It covers far fewer than that. When it does apply, it asks for four things: a file on each vehicle, a written report of every defect, a yearly inspection, and repairs before the van runs again. The rules below are federal unless a state is named, as they stand in the eCFR on September 30, 2026.

## Does Part 396 apply to your NEMT vans?

Part 396 binds motor carriers that operate commercial motor vehicles ([49 CFR 396.1](https://www.ecfr.gov/current/title-49/section-396.1)), and the federal safety rules reach those vehicles only in interstate commerce ([49 CFR 390.3T](https://www.ecfr.gov/current/title-49/section-390.3T)). Work through four checks for each van:

1. **Read the weight label.** A gross vehicle weight rating of 10,001 pounds or more makes the van a commercial motor vehicle on an interstate trip, whatever its seating ([49 CFR 390.5T](https://www.ecfr.gov/current/title-49/section-390.5T)).
2. **Count the people it was built or used to carry.** More than 8, driver included, for pay counts. So does more than 15 without pay.
3. **Check where the trips go.** A trip is interstate when it crosses a state line, passes through another state, or is the in-state part of a trip that starts or ends out of state.
4. **Check how you are paid.** A van for 9 to 15 people that is not paid for directly skips Part 396 under 390.3T(f)(6). FMCSA defines direct compensation as payment by the passengers, or someone acting for them, for the ride itself. In its November 15, 2022 guidance, a youth camp running 15 passenger vans kept the exception while the rides were part of one package fee, and lost it once it charged a specific fee for the rides. Plan on per-trip pay counting as direct.

So most sedans, minivans, and wheelchair vans built and used for 8 or fewer people and rated under 10,001 pounds are never covered, even across a state line. A 12 or 15 passenger van paid per ride, or a cutaway rated over 10,000 pounds, is covered from its first interstate trip unless an exception below applies. The [USDOT number guide](https://nemtguide.com/guides/dot-number-for-nemt/) walks through the full test, the registrations that come with it, and where to find the weight label on a converted van.

Two exceptions come up often. The government exception covers transportation a state, county, or city performs itself (390.3T(f)(2)), so it does not reach a private company driving under contract. The rules also exclude "the transportation of human corpses or sick and injured persons" (390.3T(f)(4)), without defining the phrase. In an April 19, 2024 letter to an ambulance company with six vehicles rated over 10,001 pounds (docket FMCSA-2024-0113), FMCSA's Western Service Center said it applies that exception trip by trip. It covers a person going for medical evaluation or treatment, not a ride to a grocery store after the appointment, and it never removes the operating authority and insurance rules. The letter answered one carrier and is not a formal interpretation, so get FMCSA's answer for your own trips in writing before you lean on it.

## What Part 396 requires, rule by rule

For a covered van, these are the core duties:

- **Systematic maintenance (396.3).** Inspect, repair, and maintain every vehicle you control, and keep its parts in safe working order at all times, including the frame, suspension, axles, wheels, and steering.
- **A file for each vehicle (396.3(b)).** For any vehicle you control for 30 days in a row, record its company number if marked, make, serial number, and year, plus who supplied it if you do not own it. Add a schedule showing the type and due date of each inspection and maintenance task, and a dated record of the work done. Since July 21, 2026, tire size is no longer part of the record (91 FR 45653).
- **Emergency exits every 90 days (396.3(a)(2)).** Pushout windows, emergency doors, and emergency door marking lights on buses get checked at least every 90 days, with a record of each test. FMCSA defines a bus as any motor vehicle designed or used to carry passengers, so this reaches any covered van with those exits.
- **No leaks (396.5).** Keep every vehicle properly lubricated and free of oil and grease leaks.
- **No unsafe runs (396.7).** Never run a van in a condition likely to cause a crash or breakdown. One found unsafe on the road may go only to the nearest place where it can be safely repaired.
- **Daily driver checks and reports (392.7, 396.11, 396.13).** These are in the section on daily checks below.
- **The yearly inspection (396.17 to 396.23).** Covered in the next section.
- **Qualified brake work (396.25).** Whoever is responsible for brake inspection, service, or repair must be qualified by an approved apprenticeship or training program, a state certificate, or at least one year of brake training or experience.

Two more 2026 changes matter. On March 23, 2026, FMCSA wrote into 396.11 and 396.13 that driver reports may be created and kept electronically under 49 CFR 390.32. On July 22, 2026, it stopped requiring carriers to mail roadside inspection forms back unless the state that issued them asks.

## The yearly inspection

You may not use a covered van unless every item in Appendix A to Part 396 passed an inspection within the last 12 months and proof is on the van ([49 CFR 396.17](https://www.ecfr.gov/current/title-49/section-396.17)). The proof can be the report itself or a sticker or decal with the inspection date, the name and address of whoever keeps the report, the vehicle's identity if it is not marked, and a statement that it passed.

### What the inspector checks

Appendix A lists 15 groups of defects that fail a vehicle. For a passenger van, the ones that matter are brakes (hydraulic brakes have their own list), exhaust, fuel, lights and reflectors, steering, suspension, frame, tires, wheels and rims, the windshield, wipers, and seats. Three are easy to check before the inspector does:

- **Tread.** A steering-axle tire with less than 4/32 inch of tread at any point on a major groove fails. Every other tire fails under 2/32 inch.
- **Retreads.** A bus with a recapped or retreaded tire on its steering axle fails.
- **Seats.** The seat item, written for motorcoaches, fails any passenger seat not securely fastened to the vehicle structure.

### Who may do it

1. **Your own employee.** The inspector must understand the standards and have finished a federal or state training program, hold a state certificate, or have at least one year of training or experience as a commercial vehicle mechanic or inspector ([49 CFR 396.19](https://www.ecfr.gov/current/title-49/section-396.19)). This option is open only when no mandatory state program covers the van.
2. **A business acting for you.** A commercial garage, fleet leasing company, truck stop, or similar business may inspect as your agent if it has proper facilities and qualified inspectors.
3. **Your state.** A state inspection that meets the Appendix A standards counts as your yearly inspection for 12 months, starting from the last day of the month it was done. You do not need to keep the inspector's qualifications for a state inspection.

If a mandatory state program that FMCSA has found as effective covers your van, you must meet the yearly rule through that program ([49 CFR 396.23](https://www.ecfr.gov/current/title-49/section-396.23)). FMCSA's most recent list, published March 16, 2016, names Alabama (its LPG Board), California, Connecticut, the District of Columbia, Hawaii, Illinois, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Texas, Utah, Vermont, Virginia, West Virginia, and Wisconsin. FMCSA's July 16, 2026 paperwork notice still counts the same 22 states, the District of Columbia, and Alabama's LPG Board (91 FR 43724). Some cover only certain vehicles, such as Ohio's program for church buses and the bus programs in Connecticut and Wisconsin, so ask your state which vans its program reaches.

The inspector writes a report naming the inspector, your company, the date, the vehicle, and each component checked, with any that failed ([49 CFR 396.21](https://www.ecfr.gov/current/title-49/section-396.21)). Keep it 14 months where the van is housed or maintained. If someone else did the last inspection on a van you now run, you must get a copy when an official asks.

## Daily checks and driver reports

Before driving, the driver must be satisfied that these work: service brakes, parking brake, steering, lights and reflectors, tires, horn, wipers, mirrors, coupling devices, wheels and rims, and emergency equipment ([49 CFR 392.7](https://www.ecfr.gov/current/title-49/section-392.7)). The driver also reviews the last defect report, if one was written, and signs it to show the repairs were certified (396.13).

At the end of each day's work, the driver writes a report on each van driven that lists any defect found or reported that would affect safety or cause a breakdown ([49 CFR 396.11](https://www.ecfr.gov/current/title-49/section-396.11)). The driver signs it. With no defects, no report is needed. Passenger carriers had to file no-defect reports until FMCSA dropped that rule on September 17, 2020.

You then repair any safety defect before the van runs again, and certify on the report that it was repaired or that no repair was needed. Keep the report, the certification, and the driver's signed review for three months. A carrier operating only one commercial motor vehicle is exempt from the report.

Brokers can require more. Arkansas's NET broker solicitation (IFB 710-25-049, issued June 5, 2025, revision 2) calls for a driver checklist at the start and end of every day, on every vehicle. The checklist must identify the vehicle and list any defect found or reported, nearly the wording of 396.11, and repairs that affect safety come before the next trip. The free [vehicle inspection checklist](https://nemtguide.com/templates/nemt-vehicle-inspection-checklist/) covers the federal items and adds the lift, ramp, and securement checks Part 396 leaves out.

## Records to keep and the fines for missing them

A covered van builds a paper trail. This is how long each piece must be kept under Part 396:

| Record | Keep it | Rule |
|---|---|---|
| Vehicle maintenance file and exit tests | 1 year, plus 6 months after the van leaves your control | 396.3(c) |
| Driver defect report, repair certification, driver's review | 3 months | 396.11(a)(4) |
| Yearly inspection report | 14 months | 396.21(b) |
| Roadside inspection report | 12 months | 396.9(d)(3) |
| Yearly inspector's qualifications | While inspecting for you, plus 1 year | 396.19(b) |
| Brake inspector's qualifications | While in that job, plus 1 year | 396.25(e) |

Keep the vehicle file where the van is housed or maintained. Brokers and states may ask for longer, such as the five years Kentucky's human service transportation rule sets for broker and subcontractor records (603 KAR 7:080, Section 25), and the longest rule wins. The [vehicle maintenance log](https://nemtguide.com/templates/nemt-vehicle-maintenance-log/) has room for the schedule and the dated work record.

Missing records cost money. As of September 30, 2026, the federal penalty schedule allows up to $1,584 a day, and up to $15,846 in total, for failing to keep a required record or keeping one that is incomplete or false. Other violations of the safety rules can bring up to $19,246 each, and a driver can face up to $4,812 (Appendix B to 49 CFR part 386).

## When a van fails a roadside inspection

An inspector may put an out-of-service sticker on a van whose condition would likely cause a crash or breakdown ([49 CFR 396.9](https://www.ecfr.gov/current/title-49/section-396.9)). Nobody may drive it, tow it except by crane or hoist, or remove the sticker until every listed repair is done.

1. **Get the report back to the office.** The driver hands it in at the next terminal. If the driver will not reach one within 24 hours, the driver sends it right away.
2. **Fix every violation on it,** the same way you fix a defect from a driver report.
3. **Certify within 15 days.** A company official signs the report to show the repairs are done.
4. **Return it only if asked.** Since July 22, 2026, you send the signed form to the state only when the issuing agency requests it.
5. **Keep a copy 12 months** at your main office or where the van is housed.

A van that breaks down far from base follows 396.7: drive it only as far as the nearest safe place for repairs. The [vehicle breakdown guide](https://nemtguide.com/guides/nemt-vehicle-breakdown/) covers backup vans and covering the day's trips.

## State rules that reach in-state trips

Federal Part 396 stops at the state line, but your state can pick it up. Under the federal compatibility rules for state safety programs, a state may exempt in-state vehicles rated under 26,001 pounds, unless they carry placarded hazardous materials or are designed or used for 16 or more people ([49 CFR 350.305](https://www.ecfr.gov/current/title-49/section-350.305)). So each state draws its own line. These three reach NEMT vans:

- **Kentucky.** 601 KAR 1:005, certified effective August 27, 2026, applies Parts 390 through 396 to any vehicle that meets the federal commercial motor vehicle definition, for-hire or private, interstate or intrastate. Government vehicles are exempt. A human service transportation vehicle outside that rule still needs a yearly inspection by an automotive technician, and written proof of a passed safety inspection before it is used in the program (603 KAR 7:080, Section 25). See the [Kentucky guide](https://nemtguide.com/states/kentucky/) for the state's inspection form.
- **Pennsylvania.** The Public Utility Commission's safety code adopts Part 396 for the carriers it regulates (52 Pa. Code 37.204). It reads "commercial motor vehicle" as any motor vehicle carrying passengers in that service, with no seat or weight floor, and it deletes the federal exceptions in 390.3, the sick and injured one included (37.202, 37.203, and 37.205). So plan on Part 396 for every van in PUC-regulated paratransit service. PUC officers replace the federal roadside inspection with their own, and you keep their report one year (37.205). See the [Pennsylvania guide](https://nemtguide.com/states/pennsylvania/).
- **New York.** Vehicles registered to carry passengers, such as ambulettes, must pass a state transportation department inspection before DMV registers them, and every vehicle in that program is inspected at least every six months (DMV guide CDL-15, February 2026). See the [New York guide](https://nemtguide.com/states/new-york/).

No federal rule makes states inspect passenger vans. FMCSA considered requiring yearly state inspection programs for passenger-carrying commercial vehicles, then confirmed on November 15, 2022 that it had dropped the idea for lack of data. Check your state's motor carrier rules as well as its Medicaid manual, since the two often sit with different agencies.

## Broker and Medicaid inspections come on top

For most NEMT vans, the inspection that decides whether you can drive comes from the Medicaid program or its broker, whatever Part 396 says. Arkansas's solicitation shows how they stack up: the broker inspects each subcontractor vehicle before signing, again every month, and has a certified mechanic inspect it yearly, and the state's monitoring contractor inspects each vehicle at least once a year. The [NEMT vehicle maintenance guide](https://nemtguide.com/guides/nemt-vehicle-maintenance/) lists the inspection schedules and record rules in Virginia, Georgia, Louisiana, Minnesota, Wisconsin, New Jersey, and more.

## How to set up a Part 396 program for a small fleet

The federal system is a sound way to run any fleet, and a broker audit goes smoother with it in place.

1. **Sort every vehicle.** Record its weight rating, the converter's label if any, its design seating, and whether it takes paid trips across state lines. Mark which vans pass the commercial motor vehicle test.
2. **Look up your state's carrier rules.** Check whether your state applies Part 396 to in-state trips, as Kentucky and Pennsylvania do, and whether its inspection program is on FMCSA's list.
3. **Open one file per van.** Put in its identity, a schedule of each task with its due date, and a dated record of every repair.
4. **Run the daily checks.** Drivers check the 392.7 items plus the lift, ramp, and securement before the first trip, and write up defects at the end of the day.
5. **Fix before the next trip.** Sign off each repair on the defect report before the van runs again.
6. **Book the yearly inspection.** Use your state's program, a garage, or a qualified employee, and keep the proof on the van.
7. **Put every due date on one calendar.** Include broker inspections, the yearly inspection, and any 90-day exit checks. The [compliance calendar](https://nemtguide.com/templates/nemt-compliance-calendar/) has room for them.
8. **Keep records for the longest rule.** If a broker or state asks for more than Part 396, its period wins.

Wheelchair lifts need their own log and the lift maker's service schedule. Use the [wheelchair lift inspection log](https://nemtguide.com/templates/wheelchair-lift-inspection-log/), and see [NEMT vehicle requirements](https://nemtguide.com/guides/nemt-vehicle-requirements/) for the equipment each van must carry.

## Frequently asked questions

### Does FMCSA Part 396 apply to NEMT vans?

Only to vans that are commercial motor vehicles used in interstate commerce. That means a gross vehicle weight rating of 10,001 pounds or more, or a van designed or used for more than 8 people, driver included, for pay, on a trip that crosses a state line or is part of one. A van for 9 to 15 people that is not paid for directly is exempt from Part 396. Your state may apply its own version to in-state trips.

### Do NEMT vans need an annual DOT inspection?

Under federal rules, only commercial motor vehicles on interstate trips need the yearly inspection in 49 CFR 396.17, with proof carried on the vehicle. A state inspection that meets the federal standards counts for 12 months. Many states and brokers require their own inspections whatever the federal rule says, so check your broker contract and your state guide.

### Who can do the yearly Part 396 inspection?

Your own employee, if that person understands the standards and has finished a federal or state training program, holds a state certificate, or has at least one year of training or experience as a commercial vehicle mechanic or inspector (49 CFR 396.19). A commercial garage, fleet leasing company, or truck stop with qualified inspectors may do it as your agent. If your state runs a mandatory program FMCSA has found as effective, you must use it.

### Does a state safety inspection count as the yearly inspection?

Yes, if it meets the minimum standards in Appendix A to Part 396. It then counts for 12 months from the last day of the month it was done (49 CFR 396.17(f)). FMCSA has listed the state programs it finds as effective. If one covers your van, you must meet the yearly rule through it (49 CFR 396.23).

### Do NEMT drivers have to fill out a DVIR every day?

Drivers of covered vans must write a report at the end of each day only when they find or are told about a defect. Since September 17, 2020, passenger carriers no longer file no-defect reports. A carrier operating only one commercial motor vehicle is exempt from the report. Brokers may still ask for a daily checklist on every van.

### Does the sick and injured persons exception cover NEMT?

Possibly, trip by trip. The federal safety rules, Part 396 included, do not apply to "the transportation of human corpses or sick and injured persons" (49 CFR 390.3T(f)(4)), and the rules do not define the phrase. In an April 19, 2024 letter to one ambulance company, FMCSA's Western Service Center said the exception covers a person going for medical evaluation or treatment, not a stop at a store after the visit. That letter is not a formal interpretation, so get your own written answer from FMCSA, and keep your maintenance records either way. Pennsylvania's PUC safety code deletes the exception.

### How long do I keep Part 396 records?

Keep each vehicle's maintenance file for 1 year, and for 6 months after the vehicle leaves your control. Keep driver defect reports and repair certifications for 3 months, each yearly inspection report for 14 months, and roadside inspection reports for 12 months. Keep proof of each inspector's qualifications while that person inspects for you and for 1 year after.

## Official resources

- [eCFR: 49 CFR part 396, Inspection, repair, and maintenance](https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-396)
- [eCFR: Appendix A to part 396, what the yearly inspection must cover](https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-396/appendix-Appendix%20A%20to%20Part%20396)
- [eCFR: 49 CFR 390.5T, the commercial motor vehicle definition](https://www.ecfr.gov/current/title-49/section-390.5T)
- [FMCSA: Do I need a USDOT number?](https://www.fmcsa.dot.gov/registration/do-i-need-usdot-number)
- [Federal Register: FMCSA list of state inspection programs that count as the yearly inspection (2016)](https://www.federalregister.gov/documents/2016/03/16/2016-05933/inspection-repair-and-maintenance-periodic-inspection-of-commercial-motor-vehicles-acceptance-of)