DVIR clarification please

Discussion in 'Trucking Industry Regulations' started by randomname, Oct 26, 2022.

  1. Grumppy

    Grumppy Trucker Forum STAFF Staff Member

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    Yes. Driving 14 miles, staying within your state, is intrastate. Driving into other states is interstate.

    Red or dyed fuel is ONLY for off road use. Once a vehicle hits public roadway... even an inch, its illegal.

    No, If it does not get on the public roadway it is not subject to ANY FMCSA rules &/or regulations.

    Anyone feel free to correct me if I am wrong. My understating is... Pre OR post. One or the other. You are not required by FMCSA to do both. However, you company can still require you to do both.
     
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  3. ZVar

    ZVar Road Train Member

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    "The company" doesn't matter. A company can have 10 intrastate loads and 1 or 100 interstate loads. The regulations apply to the load not the company as a whole.

    To answer your question, it sounds like the loads from where you work to the DC are intrastate while all the other loads leaving the DC are interstate or at least most of them.
     
  4. PaulMinternational

    PaulMinternational Road Train Member

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    Off road fuel, no plates, no numbers. I would refuse to cross the road with it unless it was in a very odd location with next to no chance of encountering any other traffic. That is knowing what I know now and the current world we live in. Years ago My first real job had me as a yard jockey on site without a CDL and we drove several miles up the road to get fuel when needed but never illegally pulled a trailer on the roadway it was an old Mack with a two stick but it was licensed, inspected and insured.

    As for inspections on a yard dog that never leaves the private property of the company I think you might find that OSHA will require a written inspection by each user and the companies insurance might have some specific demands, the safety and security administrator may have specific demands dictated by the legal department as well as thier personal choices based on what they feel will ensure safety.

    At a former employer when charged with the task I demanded all drivers do a pre trip and have written record of it that would comply with the FMCSA requirements this was found sufficient by the legal department to cover insurance, OSHA, the FMCSA and any possible liability that might arise. We did however use two different forms one for our CDL drivers that could and occasionally did take the Freightliner M2 yard truck on the road for 22 mile runs to the other warehouse and one form for all operators with or without a CDL when operating in a yard truck capacity only.
    We had several yard dogs and one Freightliner m2 for the yard. The Freightliner being the only road legal yard truck never got off road fuel and was designated to parking out with the road trucks to ensure it was never accidentally filled by onsite fueling company we used.
    All other road going trucks operated solely under the rules set forth by the FMCSA and paperwork was never mixed.

    Speaking as a driver and not your ✏️ pushing desk jockey boss type I would like to remind you that it’s your License not theirs. Do as I did when in those situations, refuse outright to do anything that will jeopardize you, your license or anyone else because when push comes to shove most bosses will leave you hanging out in the wind and when things go south and the system steps in you don’t want your head on the chopping block.
     
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  5. zaroba

    zaroba Heavy Load Member

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    Yea, the yard truck might be more of an OSHA thing. I know they require inspection reports before using forklift type vehicles and powered pallet jacks, no clue if their ruling would extend to a yard truck. It's basically a piece of warehouse equipment to move things on the property, same as a forklift does, just trailers instead of pallets.
     
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  6. snowwy

    snowwy Road Train Member

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    Isn't red fuel a non taxable fuel?
     
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  7. zaroba

    zaroba Heavy Load Member

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    It's exempt from state and federal taxes and for use in engines that don't move a vehicle on the public roadways. So in a yard truck that stays on a company property is fine, same as the reefer unit on a trailer since it's not a vehicle. Or things like generators, farm equipment, construction equipment, etc.
     
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  8. PaulMinternational

    PaulMinternational Road Train Member

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    Hence my post. It must be inspected by each trained and authorized user with written or electronically recorded inspection before use each day. The record must be retained by the company for if memory serves 90 days.
    OSHA does not have a specific form so a basic driver vehicle inspection report like in the JjKeller books is good to use for trucks like the M2 I talked about. The Kalamar yard trucks actually have thier own specific inspection reports that are easily found online.
    Our insurance company had additional demands and with many CDL drivers starting as Yard drivers having them use to doing a proper pre trip long before hitting the road was a huge benefit.
     
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  9. wis bang

    wis bang Road Train Member

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    OP's company would find themselves being lectured by any DOT auditor for making all this paper for nothing.

    FCMSA gave us a break by only requiring a DVIR to report defects discovered during the shift.

    No Defects = No DVIR.

    Pre-trip/post trip.....let's refresh.

    DOT requires the CMV operator to inspect the vehicle before operation making sure it is safe AND again at the end of the day; at which time the operator is required to report, in writing, any defects discovered during the shift that could affect the safe operation of the CMV -or- cause an accident.

    Before the change in the regulations the operator was still required to report 'no defects' at the end of every shift. Carriers used to discard tons of 'no defect' DVIR's every 90 days.

    Without scheduled maintenance records; including the copies of the DVIR stapled to the repair order showing that the tech repaired and signed the certification, the company is going to find that their blizzard of paper saying 'no defects' will be virtually worthless.
     
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  10. PaulMinternational

    PaulMinternational Road Train Member

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    If the yard trucks are not DOT registered the paperwork for them should not be kept with the DOT trucks paperwork.
     
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  11. wis bang

    wis bang Road Train Member

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    Still need maintenance files same as trailers.

    We had spotters with intrastate commercial plates and under 55K so no Fed HUT with company door signs even those 'dedicated' to an off site location so we could swap them as needed and take them off-site to maintain and all were kept within a 5 mile radius.

    We would split them out from the IFTA fuel same as the non-cdl units.

    Maintained Part 391 DQ files for the drivers too.
     
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