Crossing midnight

Quote the Federal regulation that mandates that a daily pre-trip inspection is required, please...

 

The Federal regulations no longer require a written DVIR to be prepared UNLESS defects are found during a post-trip inspection. IF a defect is found, then the written DVIR must be prepared.

Some companies still require a written DVIR to be completed daily or after each trip, as a COMPANY policy. But it's not a Federal requirement.

 

This. Great example there. And pulling into a scale and the DOT asking to see your logbook would be your chance to update the log. They have to give you a few minutes to do so anyway for situations just like this. Heck, if you are worried, just update it in front of them... or not, depending how many days you have to do.

 

Federal regulations do NOT require that a driver actually perform a pre-trip inspection; only a post-trip inspection is mandated. Federal regulations DO require that a driver be satisfied that the truck is safe to operate before the driver operates the equipment. The regulations do not specify HOW a driver is to come to that conclusion.

 

Tell that to Utah. I got stopped at the Monticello scales on 491 and the inspector shouted "What do you think you're doing!" and literally ripped my logbook out of my hands as I was going to draw the line down to note the start of the inspection.

 

Some carriers have rules requiring drivers to pre-trip. If you will notice I don't think I said anything in my post about it being illegal. However in all my years on the road I don't remember seeing very many drivers do post-trips. Food for thought!

 

I am not saying I have been doing it right. This thread has given me food for thought for sure. I have always shown a 15 minute pre trip no post trip just straight to off duty. In 19 years I have never been hasseled about it

 

the regs do point out a pre-trip but it doesn't state how long

 

This is a myth as stated. I will post the FMCSA rule covering this at the end of my comments. This ONLY applies in a case where the Officer is about to put you out of service. You MUST have your log current to you last change of duty status otherwise YOU CAN BE CITED AND THE OFFICER IS NOT REQUIRED TO ALLOW YOU TO DO THIS UPDATE. Even Though the Officer can NOT put you out of service the Officer CAN write you a logbook ticket!


§ 395.13: Drivers declared out of service.


(a) Authority to declare drivers out of service. Every special agent of the Federal Motor Carrier Safety Administration (as defined in appendix B to this subchapter) is authorized to declare a driver out of service and to notify the motor carrier of that declaration, upon finding at the time and place of examination that the driver has violated the out of service criteria as set forth in paragraph (b) of this section.

(b) Out of service criteria. (1) No driver shall drive after being on duty in excess of the maximum periods permitted by this part.

(2) No driver required to maintain a record of duty status under § 395.8 or § 395.15 of this part shall fail to have a record of duty status current on the day of examination and for the prior seven consecutive days.

(3) Exception. A driver failing only to have possession of a record of duty status current on the day of examination and the prior day, but has completed records of duty status up to that time (previous 6 days), will be given the opportunity to make the duty status record current.

(c) Responsibilities of motor carriers. (1) No motor carrier shall:

(i) Require or permit a driver who has been declared out of service to operate a commercial motor vehicle until that driver may lawfully do so under the rules in this part.

(ii) Require a driver who has been declared out of service for failure to prepare a record of duty status to operate a commercial motor vehicle until that driver has been off duty for the appropriate number of consecutive hours required by this part and is in compliance with this section. The appropriate consecutive hours off-duty may include sleeper berth time.

(2) A motor carrier shall complete the “Motor Carrier Certification of Action Taken” portion of the form MCS-63 (Driver-Vehicle Examination Report) and deliver the copy of the form either personally or by mail to the Division Administrator or State Director Federal Motor Carrier Safety Administration, at the address specified upon the form within 15 days following the date of examination. If the motor carrier mails the form, delivery is made on the date it is postmarked.

(d) Responsibilities of the driver. (1) No driver who has been declared out of service shall operate a commercial motor vehicle until that driver may lawfully do so under the rules of this part.

(2) No driver who has been declared out of service, for failing to prepare a record of duty status, shall operate a commercial motor vehicle until the driver has been off duty for the appropriate number of consecutive hours required by this part and is in compliance with this section.

(3) A driver to whom a form has been tendered declaring the driver out of service shall within 24 hours thereafter deliver or mail the copy to a person or place designated by motor carrier to receive it.

(4) Section 395.13 does not alter the hazardous materials requirements prescribed in § 397.5 pertaining to attendance and surveillance of commercial motor vehicles.



Citation: [44 FR 34963, June 18, 1979, as amended at 47 FR 53392, Nov. 26, 1982; 51 FR 12622, Apr. 14, 1986; 53 FR 18058, May 19, 1988; 53 FR 38670, Sept. 30, 1988; 53 FR 47544, Nov. 23, 1988; 60 FR 38748, July 28, 1995; 68 FR 22516, Apr. 28, 2003; 70 FR 50073, Aug. 25, 2005; 75 FR 17245, Apr. 5, 2010; 77 FR 28451, May 14, 2012]

 

I always logged a 15 minute pre-trip and flagged my post-trip. I really only walked around my truck looking for tire issues and leaks on the post trip. That way if I did find a flat or bad tire I could get it fixed while on my 10.