suppose a vehicle brake inspection fails

If it is at the end of the day and you are filling out a DVIR you note the defect and leave a copy on the vehicle and turn a copy in to the shop . The report must be signed off as repaired by the shop and the next driver must read and sign the form accepting it .
If noted during the pretrip company policies for reporting defects must be followed . You must be satisfied a vehicle is safe before operating it .

§ 396.13​

Driver inspection.Before driving a motor vehicle, the driver shall:(a) Be satisfied that the motor vehicle is in safe operating condition;(b) Review the last driver vehicle inspection report; and(c) Sign the report, only if defects or deficiencies were noted by the driver who prepared the report, to acknowledge that the driver has reviewed it and that there is a certification that the required repairs have been performed. The signature requirement does not apply to listed defects on a towed unit which is no longer part of the vehicle combination.

§ 396.11​

Driver vehicle inspection report(s).(a) Report required. (1) Motor carriers.Every motor carrier shall require its drivers to report, and every driver shall prepare a report in writing at the completion of each day's work on each vehicle operated, except for intermodal equipment tendered by an intermodal equipment provider. The report shall cover at least the following parts and accessories:

'Service brakes including trailer brake connections'Parking brake'Steering mechanism'Lighting devices and reflectors'Tires'Horn'Windshield wipers'Rear vision mirrors'Coupling devices'Wheels and rims'Emergency equipment​

(2) Intermodal equipment providers. Every motor carrier shall require its drivers to report, and every driver shall prepare a report in writing at the completion of each day's work on each vehicle operated, except for intermodal equipment tendered by an intermodal equipment provider. The report shall cover at least the following parts and accessories:

'Brakes'Lighting devices, lamps, markers, and conspicuity marking material'Wheels, rims, lugs, tires'Air line connections, hoses, and couplers'King pin upper coupling device'Rails or support frames'Tie down bolsters'Locking pins, clevises, clamps, or hooks'Sliders or sliding frame lock​

(b) Report content. The report shall identify the vehicle and list any defect or deficiency discovered by or reported to the driver which would affect the safety of operation of the vehicle or result in its mechanical breakdown. If no defect or deficiency is discovered by or reported to the driver, the report shall so indicate. In all instances, the driver shall sign the report. On two-driver operations, only one driver needs to sign the driver vehicle inspection report, provided both drivers agree as to the defects or deficiencies identified. If a driver operates more than one vehicle during the day, a report shall be prepared for each vehicle operated.(c) Corrective action. Prior to requiring or permitting a driver to operate a vehicle, every motor carrier or its agent shall repair any defect or deficiency listed on the driver vehicle inspection report which would be likely to affect the safety of operation of the vehicle.(1) Every motor carrier or its agent shall certify on the original driver vehicle inspection report which lists any defect or deficiency that the defect or deficiency has been repaired or that repair is unnecessary before the vehicle is operated again.(2) Every motor carrier shall maintain the original driver vehicle inspection report, the certification of repairs, and the certification of the driver's review for three months from the date the written report was prepared.(d) Exceptions. The rules in this section shall not apply to a private motor carrier of passengers (nonbusiness), a driveaway-towaway operation, or any motor carrier operating only one commercial motor vehicle.

 

You have a vehicle inspection report you fill out. You check the appropriate item and then check whether the vehicle is safe to drive or not. If you chose not, a mechanic has to sign off that the repairs were made.

That's the way it's suppose to work. My last company would just throw the inspection report in the garbage if they didn't feel like it was necessary. After complaining to the shop manager he put a stop to that.

I'm sure that happens other places too.

Bottom line is a driver is captain of his ship. If he deems it unsafe to drive, it is unsafe to drive. And that is protected my FMCSA regulations. A company can't punish you for refusing to drive unsafe equipment.

Yet some yahoo companies coerce you into getting a load delivered then go to a shop. The majority of companies will work with you.

I will usually try to work with a company and get the load delivered. If I have something that absolutely has to be fixed on the road, I won't ask. I'll say I'm at a TA and have to get this fixed. When you are already at a shop, usually they won't give you a hard time and approve a repair.

If you break down on the road, follow company procedures. Many companies have a person dedicated to coordinating road service or a tow/shop.

 

If they won't fix it, or fire you, they did you a favor in this CSA environment. Thank them as you clean out your truck and look for employment with a company that value their business as much as you value your life and license.