7/3 split question

I did .Next time you cross a scale, ask a DOT officer

 

I’ve been driving since 1997, 10 years of that as a company driver with the same company who went thru a safety audit back when I was there around 2007, and not one time have I ever logged a post trip inspection at the end of the day and not once have I ever had anything said to me about it, either at roadside, at a scale, or after the safety audit. I’ve always just logged my walk around in the morning because that satisfies my need to know the vehicle is safe and nowhere does it state a post trip at the end of the day is required.

 

A wrong dot officer doesn't make a regulation.
Next time you cross a scale, why not ask the dot to point out the wording that requires the driver to do an inspection.
Since it's not there good luck finding it.

 

I posted the page and the part # . It is in the little Green Book. The one the LEO carry. I' M sure someone like your safety Mgr has one . I have on . Most Knowledge able drivers have one. Can't believe you don't.

 

And I posted the exact wording of the regulation you posted. Nowhere in it states the driver has to do the inspection.
Learn to read.

 

You need to learn to read , it specifically says , a pretrip inspection, in route and a post trip. Sorry you are wrong. Talk to your Safrty dep. Any Dot. Will tell you the same thing.

 

I have posted a picture of the regulations over and over again. By intermodal, it says "the driver must inspect" by tractor and trailer it says "must be satisfied". You're the one who is not reading. Everybody else understands that regulations do not require, per se, the driver to perform a pretrip inspection.

 

No they will not, not if they know the law. Your safety department may say they are required, as they might be required by your company. But they are not required by the federal gov't.

Laws are written within what is known as the "4 corners of the law." That means that the law is as written. Nothing can be added, changed, altered, deleted, or assumed. The law states that drivers must be satisfied with the safety of the equipment they are driving. That is all it states.

The problem comes in the fact that this law is very ambiguous. It doesn't specify the definition of "satisfied", it doesn't specify the means in which a driver may become "satisfied" and it doesn't set the minimum requirements for "satisfaction." That means HOW a driver is satisfied is up to him or her. They basically can't be satisfied "wrong". So if they say they are satisfied, that's it, it's over. The law, as written, is complied with.

I'm an FAA licensed pilot and airplane mechanic. In doing maintenance on aircraft, every single step is in a regulation or a book that is approved by regulation. So if I'm going to do a 100 hour inspection on a plane, the FAA leaves NO doubt what a 100 hour inspection covers in "scope and detail" (to use their wording), how to do one, and even how to record it in the plane's logbook upon completion. These regulations leave no doubt what should be done or how to do it. But this law about pre trips leaves everything up to the driver. Just because YOU may think that the most logical method of becoming "satisfied" is a pre-trip inspection does not make it a law.

It also is obviously not a law because nowhere in the regulations does the DOT DEFINE what constitutes a pre-trip inspection. So they cannot possibly require you do to something that they have not defined themselves. A good lawyer would tear this law apart in a court room.

1. What constitutes a pre-trip inspection?
2. How is it supposed to be conducted?
3. Can someone other than the driver do one?
4. What is the definition of "pre" in pre-trip?
5. What is the definition of "trip"?

Since the law obviously doesn't answer these questions it leaves them open to interpretation.

What you did in CDL school is the pre-trip required to pass the CDL test, not what is required out on the road. Just like my flight training. I had to do slow flight, power on and off stalls, short field takeoffs and landings, soft field takeoffs and landings for the FAA flight portion of the pilot check ride. I am not required to do any of these maneuvers when just flying around. I was also required to do a pre-flight check for the check ride. I'm not required to do that when I go fly either. Is it smart to do one? Certainly. Is it required by law? No.

So just because you did something in training or it was part of a requirement to get a license to do something doesn't mean its required once you get that license.

And don't think because a cop thinks you have to do something that he is right. Most of the time, citizens know more about the laws than the cops do.

Watch this video:

 

And acting like you know more than a LEO. Usually ends up with you wearing pretty bracelets behind your back.

 

Another post that causes me to lament that we don't have "I love this post" button!