Post and Pre Trips

Also, a Motor Carrier with only one tractor and one semi-trailer, used in combination, is not required to even have a DVIR!
http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=396.11
(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.

 

I appreciate your logic, and in fact agree with it, but I'm curious why the regulations, both in the case of a pre-trip and a daily inspection only imply that the vehicle should be inspected rather than flat out say so.

And then they murk the waters somewhat more with:
Question 25: Section 396.11 requires the driver, at the completion of each day's work, to prepare a written report on each vehicle operated that day. Does this section require a ''post trip inspection'' of the kind described in §396.15?

Guidance: No. However, the written report must include all defects in the parts and accessories listed in §396.11(a) that were discovered by or reported to the driver during that day.

Which states that the driver should report certain defects (396.11) if he noticed them during the day or someone told him about them.

Any thoughts?


Best Regards

 

Of course I am familiar with the regs and interpretations.

Question 25 discusses a "post trip inspection" which is required in 396.15 for driveaway-towaway operations only.

The written report required by 396.11 requires all defects discovered by the driver to be reported. Discovered implies looking, looking would be inspecting.

 

With a pen

How about eDVIR's? So are you supposed to wait to send your eDVIR until you shut it down or do it when you discover issues?

 

With the reg stating "at the end of the driver's workday", that would mean when I shutdown for the day. If you did it when you discovered issues, you could possibly end up sending multiple eDVIRs during one shift.

 

Yep, that's my take on it also. Just seem odd that you have to do multiple DVIRS electronically.

 

We do multiple DVIR's when we drop and hook . We have to leave the vehicle copy on the dropped trailer.

 

I took your reply, in post #25, to imply that a post-trip, walk around type inspection is required to fill out a DVIR, which it is not.
Now, don't get me wrong, as I do believe and it has been my experience that the vast majority of inspectors are quite knowlegeable on the regs and the proper interpretations and give good solid, no B.S. inspections. However, that response reminded me of that incident with that particular inspector, I cited in my story. His own partner gave me a heads up, before the inspection even started, that this particular inspector had never issued a CVSA sticker to any vehicle, that he had inspected. I found out the reason, when he questioned me on only flagging my DVIR at the end of my work day. He was trying to use his own interpretation, until I pointed out in his own book, that only a report is required, not an inspection.

 

I spend 30 minutes on mine, once swapped with a guy that wouldn't let me unhitch until he was SURE the trailer was safe, he had some grease and put it on the axle.