DVIR defects and company not doing repairs.

The company I work for is clearing DVIR defects without repairs being made. I know this is illegal but can’t find the regulation or consequences anywhere.

 

396.11 (a) 3

 

Any idea on consequences of willfully disregarding that?

 

No, that one act has possible violations of multiple regulations. For instance falsification of records, requiring drivers to drive unsafe equipment etc., fines are enhanced if hazmat are involved. Additionally remember the drivers have some responsibilities also. Before going off on them remember that defects that drivers record on a DVIR may not actually be violations.

 

I'm curious what these defects are. Any examples?

 

Also make sure you know your companies process for reporting defects. At mine, simply putting it on the DVIR does nothing to get it fixed unless you also either call it in or report it in the maintenance app on the tablet.

 

There’s been quite a few. Leaky roper pumps(hauling crude), a transmission that lost low range synchros(they didn’t want to replace it), tires that were worn to 2/32 on trailer(claimed they didn’t have enough tires), air pressure gauges for secondary air, low air alarm. I’m sure I’m missing some. But in general there’s shady stuff going on. They’ve got a bunch of spare trucks that break down pretty consistently, you could drive 3 or 4 in one day, welding cracked frames in their shop(not really sure if that’s legal or not but seems pretty shady). When any of this is brought up to management it seems like all the garbage low paying loads get put on that driver(paid commission plus mileage and per diem). I’ve been experiencing this for awhile, 30-50 bucks less per day, not sure if the two coincide but the timeline matches up.

 

There’s no written policy or procedure here whatsoever for anything. I was told that’s so they can change it at anytime verbally to benefit the company. We submit our dvir via samsara they print it and pin it to a cork board. Once repairs are “completed” mechanics notify the manager, then the manager signs the dvir electronically and puts the vehicle back in service.

 

None of those are necessarily safety issues, nor violations. Are you just wanting to try to get them in trouble because your mad they aint fixin everything you write up?

 

Idk on what planet those aren’t safety issues. I do know you definitely can’t be leaking hazmat going down the road. Anything that puts a vehicle oos during an inspection is a safety violation hence the oos. It’s not about getting them in trouble if that were the goal it would be done already. I just want to be able to go to work for a full day and do so safely and consistently.