Two Brakes out of Adjustment, TWO OOS violations?

OK, so this is how it is supposed to work regarding brakes out of adjustment.

Each brake out of adjustment would be a separate violation, listed under 393.47(e).

In addition, there would be one violation for each CMV manufactured after 10/19/94 of 393.53(b) for the required automatic adjusters not working properly.

So far, on a trailer, none of these violations are in and of themselves out of service. 3 non-out-of-service violations so far.

There would be one OUT OF SERVICE violation of 396.3(a)(1) if "The number of defective brakes is equal to or greater than 20 percent of the srvice brakes on the vehicle or combination."


So, for the violations you described (2 brakes out of adjustment on a trailer) there would be 4 violations listed, only 1 of them OOS.

 

392.7Equipment, 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.

Yeah, the regs DO say an inspection is required before a CMV is driven, ie - pre-trip.

As far as logging it, it is on-duty time, and you have to show it on your log.

 

See my previous post regarding pre-trip requirement.

Also, 393.53(c) requires brakes to have an external indicator of pushrod stroke so a driver can check brake adjustment on a walk around.

(c) Brake adjustment indicator (air brake systems). On each commercial motor vehicle manufactured on or after October 20, 1994, and equipped with an air brake system which contains an external automatic adjustment mechanism and an exposed pushrod, the condition of service brake under-adjustment shall be displayed by a brake adjustment indicator conforming to the requirements of Federal Motor Vehicle Safety Standard No. 121 (49 CFR 571.121, S5.1.8) applicable to the vehicle at the time it was manufactured.

 

Generally this is true, a pre-trip inspection is strongly implied but (And there usually is a but), if a driver is satisfied that the vehicle is in good working order because of an inspection by a co-driver or a safety lane inspection he would not need to log it on duty, but he may want to note it (The CYA factor).

Best regards

 

It is definitely a plus to have a groove and a dobb of paint to see on an exposed pushrod, but what about those with sealed pushrods such as on some disc brakes. Looks like some presumptions would need to be made, due to lack of visibility and the fact that push rod stroke shortens with use and heat.

Do not mean to get too far off the presumed type of brakes the OP had, just trying to get a better overall understanding.

Best regards

 

I do just the opposite. Flag the pre-trip and log the post trip. The way I see it is brakes wont go out of adjustment over ones 8/10/34 hour brake. All the stuff you listed other than tires can and do go bad while in use, tires can go flat and a quick check of themcan be done without having to log it.

In 32 years of driving and countless DOT insp no one has ever question the way I've been doing it.