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  1. #11
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    Quote Originally Posted by stranger View Post
    Just drive an old truck with a 238 or 318 Detroit. No matter how good or bad they look, no DOT cop want's to crawl under them.
    I've had it happen a few times, they always say I did better than they thought. How stupid are they? It's not hard to keep a truck in DOT.


  2. #12
    Last Few of the OUTLAWS Diesel Dave's Avatar
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    If you don't feel safe, then take it to get a DOT inspection at your closest scale house or look for a nearby commercial inspection site (highway/state trooper terminal). I bet anything if it passes YOU still wont drive it.

  3. #13
    Last Few of the OUTLAWS Diesel Dave's Avatar
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    I myself enjoy driving an old truck. Back in the day I went from a late model pete 359 to a early model GMC cracker box day cab with a 6-71 jimmie(detroit for you newbies)230hp if that. I enjoy every minute driving that truck.

  4. #14
    Papa Murphy joseph1135's Avatar
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    I drove an old hot pink Mack R model pulling carnival rides. And carnival rides really don't look cool in hot pink and purple with glitter. Jump in that truck and get on down the road. It could be worse. I've been there. And I'll bet that old truck is more reliable than the plastic we drive out here now.

  5. #15
    Road Train Member 123456's Avatar
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  7. #16
    The Legend CondoCruiser's Avatar
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    Some of my best trucks were ugly ducklings. Like others said that is not what determines if it's mechanically sound or not. Old trucks will get you a new truck quicker.

    But if you can document real mechanical faults on an inspection report, it must be signed off by a mechanic or you as fixed or safe to drive.

    Question 17: What protection is afforded a driver for refusing to violate the FMCSRs?

    Guidance:
    Section 405 of the STAA (49 U.S.C. 31105) states, in part, that no person shall discharge, discipline, or in any manner discriminate against an employee with respect to the employee’s compensation, terms, conditions, or privileges of employment for refusing to operate a vehicle when such operation constitutes a violation of any Federal rule, regulation, standard, or order applicable to CMV safety. In such a case, a driver may submit a signed complaint to the Occupational Safety and Health Administration.
    This will probably draw a confidential DOT in house inspection...
    http://nccdb.fmcsa.dot.gov/

    What happens after I submit my complaint? AnswerA safety complaint is examined for the requirements described under 49 CFR section 386.12. It is forwarded to the appropriate FMCSA Division Office for review. The FMCSA investigates all complaints alleging any substantial violation of the Federal Motor Carrier Safety Regulations, Federal Motor Carrier Commercial Regulations, or Hazardous Materials Regulations, which are timely, non-frivolous, and jurisdictional. The complaint information is entered into the carrier's record and the appropriate action is taken.
    An ADA complaint is provided to FMCSA Headquarters staff for review and appropriate action. The specific circumstances will determine whether intervention may be conducted by FMCSA or the Civil Rights Division of the Department of Justice.

    A service complaint is provided to the FMCSA Division Office for review. The complaint information is entered into the carrier’s record and the appropriate intervention is conducted.
    § 386.12
    Complaint.(a) Complaint of substantial violation. Any person may file a written complaint with the Assistant Administrator alleging that a substantial violation of any regulation issued under the Motor Carrier Safety Act of 1984 is occurring or has occurred within the preceding 60 days. A substantial violation is one which could reasonably lead to, or has resulted in, serious personal injury or death. Each complaint must be signed by the complainant and must contain:(1) The name, address, and telephone number of the person who files it;(2) The name and address of the alleged violator and, with respect to each alleged violator, the specific provisions of the regulations that the complainant believes were violated; and(3) A concise but complete statement of the facts relied upon to substantiate each allegation, including the date of each alleged violation.(b) Action on complaint of substantial violation. Upon the filing of a complaint of a substantial violation under paragraph (a) of this section, the Assistant Administrator shall determine whether it is nonfrivolous and meets the requirements of paragraph (a) of this section. If the Assistant Administrator determines the complaint is nonfrivolous and meets the requirements of paragraph (a), he/she shall investigate the complaint. The complainant shall be timely notified of findings resulting from such investigation. The Assistant Administrator shall not be required to conduct separate investigations of duplicative complaints. If the Assistant Administrator determines the complaint is frivolous or does not meet the requirements of the paragraph (a), he/she shall dismiss the complaint and notify the complainant in writing of the reasons for such dismissal.(c) Notwithstanding the provisions of section 552 of title 5, United States Code, the Assistant Administrator shall not disclose the identity of complainants unless it is determined that such disclosure is necessary to prosecute a violation. If disclosure becomes necessary, the Assistant Administrator shall take every practical means within the Assistant Administrator's authority to assure that the complainant is not subject to harassment, intimidation, disciplinary action, discrimination, or financial loss as a result of such disclosure.
    § 396.7
    Unsafe operations forbidden.(a) General. A motor vehicle shall not be operated in such a condition as to likely cause an accident or a breakdown of the vehicle.(b) Exemption. Any motor vehicle discovered to be in an unsafe condition while being operated on the highway may be continued in operation only to the nearest place where repairs can safely be effected. Such operation shall be conducted only if it is less hazardous to the public than to permit the vehicle to remain on the highway.
    § 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).

    (2)
    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.(3) Corrective action.(i) 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.(ii) 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.

    §396.13 Driver inspection.

    Question 1: If a Driver Vehicle Inspection Report (DVIR) does not indicate that certain defects have been repaired, and the motor carrier has not certified in writing that such repairs were considered unnecessary, may the driver refuse to operate the motor vehicle?

    Guidance:
    The driver is prohibited from operating the motor vehicle if the motor carrier fails to make that certification. Operation of the vehicle by the driver would cause the driver and the motor carrier to be in violation of §396.11(c) and both would be subject to appropriate penalties. However, a driver may sign the certification of repairs as an agent of the motor carrier if he/she is satisfied that the repairs have been performed.
    § 390.13
    Aiding or abetting violations.

    No person shall aid, abet, encourage, or require a motor carrier or its employees to violate the rules of this chapter.

  8. #17
    Light Load Member newbie driver's Avatar
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    broken leaf springs, leaking exhaust, broken spring brakes, have to chock the tires to make it sit still, air leaks everywhere, lights not working, heat not working, holes in the cab so you get a windchill in the cab, leaks oil, electrical issues so things stop working when you are driving, how is that for a good start on the list.

  9. #18
    Light Load Member newbie driver's Avatar
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    old and ugly dont bother me, driving a glorified hunk of scrap iron does, listed some of the issues on a different post

  10. #19
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    § 392.7
    Equipment, inspection and use.(a) No commercial motor vehicle shall be driven unless the driver is satisfied that the following parts and accessories are in good working order, nor shall any driver fail to use or make use of such parts and accessories when and as needed Service brakes, including trailer brake connections.Parking (hand) brake.Steering mechanism.Lighting devices and reflectors.Tires.Horn.Windshield wiper or wipers.Rear-vision mirror or mirrors.Coupling devices.
    § 396.13Driver 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.

    http://www.fmcsa.dot.gov/rules-regul...aspx?reg=392.7


  11. #20
    Light Load Member newbie driver's Avatar
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    Quote Originally Posted by Diesel Dave View Post
    If you don't feel safe, then take it to get a DOT inspection at your closest scale house or look for a nearby commercial inspection site (highway/state trooper terminal). I bet anything if it passes YOU still wont drive it.

    Thank you to the people that gave helpfull information, as for the judgmental comments without knowing me or the specifics of the situation, they where no help at all

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