pre trip and post trip optional?

Discussion in 'Experienced Truckers' Advice' started by rickybobby, Sep 16, 2015.

  1. bigguns

    bigguns Road Train Member

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  3. White Dog

    White Dog Road Train Member

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    Don't know for sure (and don't care) how the law itself is "written"...I have ALWAYS logged a 15 minute Pre-Trip (and always actually do one), and just flag a Post-Trip. And not once have I ever been questioned about it during a DOT inspection.

    Regardless of which one a person decides to log versus flag...I DO feel it is necessary and should be done. Finding potential problems can save lives.

    Here's a question: If (as some say) a Post-Trip is supposed to be logged, why is my eLog set up for a full Pre-Trip, and mentions nothing about a Post-Trip? Can they be set up either way?
     
  4. Hick

    Hick Heavy Load Member

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    I think you could have made it to a truck stop as long as 1 tire still had air in it....
     
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  5. brian991219

    brian991219 Road Train Member

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    Phantom Express, Here are the relevant sections of the FMCSA regulations that require you to complete a pre and post trip inspection, as well as document it with a written report and on you record of duty status (log book).

    First is the requirement to perform both pre and post trip inspections as contained in 396.11. The inspection must be performed before operating the equipment, known as a "pre-trip" inspection, and the report of any known defects must be completed at the end of the day, known as a DVIR or driver vehicle inspection report. It is true, as of last year you no longer had to file DVIR's with no defects, but you still have to file ones that contain defects, and your carrier may require you to complete any reports they want.

    To further insure the driver is required to perform a pre-trip inspection section 396.13 requires a driver to inspect a vehicle prior to operation, meaning pre-trip.

    Lastly, as for documenting these inspections on your log book, section 395.2 defines on-duty time as all time spent inspecting, servicing, or conditioning any motor vehicle, at any time. We all know that all on-duty time is to be shown on your log book, so you are required to show your pre-trip inspection. Guidance to section 395 allows for flagging only the post-trip inspection, but the pre-trip must be show for the actual duration of time it takes to complete it. There is no requirement to actually include the words pre-trip or post trip on your log book, meaning the activity you are doing on line 4 is not required by law to be identified, but your company may require you to identify why you changed to on-duty not driving on your log book for clarification purposes.

    § 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) Equipment provided by motor carrier. (1) Report required. 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:

    (i) Service brakes including trailer brake connections;

    (ii) Parking brake;

    (iii) Steering mechanism;

    (iv) Lighting devices and reflectors;

    (v) Tires;

    (vi) Horn;

    (vii) Windshield wipers;

    (viii) Rear vision mirrors;

    (ix) Coupling devices;

    (x) Wheels and rims;

    (xi) Emergency equipment.

    (2) Report content. (i) The report must 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 a driver operates more than one vehicle during the day, a report must be prepared for each vehicle operated. The driver of a passenger-carrying CMV subject to this regulation must prepare and submit a report even if no defect or deficiency is discovered by or reported to the driver; the drivers of all other commercial motor vehicles are not required to prepare or submit a report if no defect or deficiency is discovered by or reported to the driver. (ii) The driver must 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.

    (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.

    (4) Retention period for reports. 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.

    (5) 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.

    From 395.2 Definitions:
    On-duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include:

    (1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;

    (2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;

    Question 1: Does §396.11 require the DVIR to be turned in each day by a driver dispatched on a trip of more than one day’s duration?

    Guidance: A driver must prepare a DVIR at the completion of each day’s work and shall submit those reports to the motor carrier upon his/her return to the home terminal. This does not relieve the motor carrier from the responsibility of effecting repairs and certification of any items listed on the DVIR, prepared at the end of each day’s work, that would be likely to affect the safety of the operation of the motor vehicle.

    Question 2: Does §396.11 require that the power unit and the trailer be inspected?

    Guidance: Yes. A driver must be satisfied that both the power unit and the trailer are in safe operating condition before operating the combination.
     
  6. gentleroger

    gentleroger Road Train Member

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    396.13 states a driver must ensure the safety of the vehicle before driving.

    395.2(2) - all time spent inspecting or servicing a cmv.must be logged on duty.

    A "reasonable person" (legal threshold) would interpret these two to mean that a driver must inspect the vehicle before driving and the time spent doing said inspection be logged line 4 on duty not driving.
     
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  7. OLDSKOOLERnWV

    OLDSKOOLERnWV Captain Redbeard

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    Never had a flat, had a mechanical failure.
     
  8. Ezrider_48501

    Ezrider_48501 Road Train Member

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    i tend to post trip as if i find a problem it gives me a chance to fix it before i roll out in the morning as far as pre trip normally just a quick walk around
     
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  9. Bean Jr.

    Bean Jr. Road Train Member

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    I think this is defined as pre-trip. Although many posters state they are satisfied with the post trip, you find things even after a post-trip. Say you ran over a nail, and had a slow leak. You might not notice right after happened, but you might 10 hours later.
     
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  10. Bean Jr.

    Bean Jr. Road Train Member

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    Neither is strictly required, only that the driver is satisfied that the truck is in working conditions. I don't see how one can be satisfied without inspecting the truck before beginning the trip.
     
  11. Starboyjim

    Starboyjim Road Train Member

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    Some of these responses are absurd. Like the ones saying they don't do a pre-trip. When I'm forced to take my break at a truck stop or rest area, it's a rare experience to see any driver inspect anything before setting out. Myself, I inspect before setting out, and don't worry about the post trip, since I had enough goodness happening to make it to my stop. In the morning, I've found lights out that were working earlier, flats that weren't there, air leaks, corroded terminals that probably were there but were still hiding, and other stuff. I like to set out knowing I'm as legal and safe as I can get it before firing up and rolling. Once I'm eating or sleeping, not so much.
     
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