§396.7(a) prohibits operating a CMV in such a condition as to likely cause an accident or a breakdown of the vehicle. §396.7(b) carves a narrow exception — a vehicle discovered to be in unsafe condition while on a trip may be driven to the nearest place where repairs can be safely effected, but only if continuing the trip is less hazardous than stopping in place.
Severity weight
Severity weight 5 in the Vehicle Maintenance BASIC. §396.7 typically appears alongside a specific equipment cite (a §393.47 brake finding, a §393.75 tire finding, a §393.201 frame finding) — the inspector uses §396.7 to charge the carrier with operating despite the condition, not just having the condition.
How it gets cited
The pattern is a §396.11 DVIR or a §396.17 annual inspection that identified a defect — and the vehicle was dispatched anyway. The §396.7 cite is the dispatch decision; the underlying equipment cite is the condition. Both land together on the carrier, the underlying one also on the vehicle.
How to prevent it
- §396.11 DVIRs noting defects must route through §396.9(d)(3) repair certification before the next dispatch — no exceptions, no overrides.
- §396.17 annual inspection findings get the same gating: defects cleared, then dispatched.
- Train dispatchers that "the driver said it's fine" is not a §396.7 defense — the DVIR is the record of record.
How Roadworthy HQ helps
DVIR findings in Roadworthy HQ block dispatch under §396.11(c) until the §396.9(d)(3) repair certification is filed against the defect, so the §396.7 condition-and-dispatch pattern cannot accidentally produce a §396.7 cite.