Bare min "on-duty" time and Legal?

I honestly don't know. However I suspect most just point to part 396 as their rules for both interstate and intrastate operations. With any necessary differences noted. Without going state by state I would have no idea. I say this because to get MCSAP funds the state has to certify to the FMCSA every year that their state laws are in sync with the Feds. 350.201 This list of things is long and extensive. The below is the main part of 350.201 I was talking about. Part 396 is in that.

(a) Assume responsibility for improving motor carrier safety by adopting and enforcing State safety laws and regulations, standards, and orders that are compatible with Federal regulations, the FMCSRs (49 CFR parts 390-397) and the HMRs (49 CFR parts 107 (subparts F and G only), 171-173, 177, 178 and 180), and standards, and orders of the Federal Government, except as may be determined by the Administrator to be inapplicable to a State enforcement program.

 

The old paper logs took care of the 15 minutes this or that.

ELDs took it a step further, but pumps are very fast and your tolls etc plus the bills of lading signed date and time unloaded etc.

What we like to do is stick with drop and hook instead of live loading and unloading to protect the 70 clock. If paid by salary it's not a problem. If it's 10 hours unloading including waiting well it's going to be 10 hours on duty. When the 70 is gone 34 hours later restart. It's different than the paper recap days.

If you can make the income with the logging that is good for you great. If not? Then it's not working well.

 

The driver is still responsible for the safety of the vehicle.

 

The driver is responsible for everything once on the road. Safe operation especially. However there is no FMCSA rule that mandates the driver has to actually inspect said vehicle. Only by regulation states the driver is responsible to be satisfied the truck is safe. Some people have built a bridge there between that rule and a required inspection. NO SUCH RULE!

 

I had breakfast with a now retired safety critter that used to work for one of the large mega's. We discussed this in detail. This is what he told me. The bogeyman in this is 396.11. This report is MANDATORY and MUST be completed before that equipment is put back in service AND done BY THE DRIVER. However in typical FMCSA bureaucratic stupidity they leave a gaping hole. That hole is in 396.11 (2)


(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.


The above part I underlined is why most carriers imbedded the vehicle inspection reports in the log books. Today with these elogs I have no idea how they are complying.

All I know is when I was active I got out and looked. I made sure ALL my lights worked, I made sure I had no flat tires and that there was no air leaks or fluid coming out of my truck. I happen to think it is the epitome of stupid (no matter what the FMCSA says) to operate a CMV and not have inspected it.

 

I never or just about never have logged fuel stops. Over my close to 30 years out here. My logs have been looked at plenty of times. By plenty of officials. I do however as a rule fuel in the morning when I'm doing my pre trip. So I am on duty not driving.

As far as kogg8ng pre trips. It takes as long as it takes. No one can say it must be 15 minutes. The 15 min comes from paper logs. That was the minimum you could log for anything. But on end or aobr. If it takes 3 minutes, or 8 minutes or 27 minutes or an hour. Whateve it take is what it takes.

 

Not picking on your comment. I am however using it to point out FMCSA Guidance on how to log this. Because there are some trucking operations that use paper logs this GUIDANCE is still relevant!

Question 1: How should a change of duty status for a short period of time be shown on the driver’s record of duty status?
Guidance: Short periods of time (less than 15 minutes) may be identified by drawing a line from the appropriate on-duty (not driving) or driving line to the remarks section and entering the amount of time, such as “6 minutes,” and the geographic location of the duty status change.

If you are still running paper logs and are only flagging those lines I honestly suggest you follow this! I don't know how old this information is, but this was what I did when i was active. Most of the time my inspection took anywhere from 10 to 15 minutes. You can also do this with fueling.

 

Don't know how common it is, but...

At my last two companies we had to "post trip" before we could log out of the ELD. Both companies are local so we have to log out as the trucks are slip seated. Don't know how common that is, or even useful OTR as one typically doesn't log out OTR,

 

So just to make sure everyone is on the same page. Documented Daily Vehicle Inspection reports (post trips) are legally required in the United States of America for all interstate CMVs. Is that correct?

 

Report, YES!
Actual inspection, NO!