How come no one mentioned how much work is involved for authority audit?

Discussion in 'Ask An Owner Operator' started by TruckRunner, Nov 19, 2018.

  1. izifaddag

    izifaddag Medium Load Member

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    Completely understand your position. I will not waste 30 precious minutes from my clock every day. I will probably never meet that woman again. Onwards to the next bureaucratic clown high on power and dealing with their idiosyncrasies.
     
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  3. ZVar

    ZVar Road Train Member

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    Point to the law then. The closest you will find is
    §396.11 Driver vehicle inspection report(s).
    (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.

    That only applies to needing to do a DVIR. There are no specific logging exemptions for any inspection, if done, for single unit carriers.
    Pretrips are not required for anyone, just have to be satisfied of the list of required equipment. That usually means an inspection, which must be logged.
    If you do a DVIR, it must be logged. I will give you, you do not have to do one.
    If you do a post trip inspection, it also must be logged. Again, not required to do, but if done must be logged.
     
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  4. izifaddag

    izifaddag Medium Load Member

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    Not really specifically aiming this at you ZVAr so take it with a pinch of salt.
    Firstly I admire your knowledge of the rules. I wish I had that knowledge. However I don't so I do things a different way.
    I play things like a violin.
    Try to anyway.
    Sometimes you win and sometimes you lose. I average on the win side.
    The police, DOT etc etc attracts a certain kind of person. Naturally not ALWAYS true but enough to draw a conclusion. They are into power and dominance. They like to use a uniform - a symbol of authority - and a book of rules and the likely fact that most are not as knowledgeable as you are sir. AND even if you are the oracle when it comes to the rules they then use the fact that they can turn your world upside down for a while, ultimately be proven wrong , but still know they buggered you. It is a game.
    There is the three bags full situation then reality. I choose reality.
    Compliments to anybody who will argue that ANY inspections are not needed OR those that choose to do 2 a day. For me though I won't argue with them. I do a pretrip at 15 minutes approximately first thing in the AM and that's ya lot. Not going to waste any further time on pretrips. I rarely even do them. For me it is a formality.
    My truck gets looked at multiple times every day. I feel the truck. It is part of me. Any unusual noise or pull of the wheel alarms me. A squeak or a bang puts me on alert. I am in tune with the vehicle. When I fuel I look at everything. So a 15 minute waste of time is just that a 15 minute waste of time.
    There is reality and then there is some dolt who is getting his jollies by doing the sergeant major bit. We have all met them. Those situations that as you walk into the weigh station you know that you are going to be sitting there all night. We all know this.
    Yeah those guys.
    They pop up in audits too in fact in every walk of life. You have to use your judgment as to how you are going to handle each one of them. They have to be played. Sometimes a Sir Yes Sir and sometimes noticing the photo of the kids on the desk and saying what a nice family.
    Got to say though that I admire your knowledge of the rules.
    Me? I'll keep rolling as I see it each time. It has been working for 40 years.
    My best wishes and keep safe out there.
     
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  5. ZVar

    ZVar Road Train Member

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    I try and be specific when pointing out laws as some one here will pounce and be pedantic and derail the tread (Like we are now :) )

    As for pre, post...
    Yes, do either or both, but do one. That's the only logical way to do it in my mind.
    And I post stuff like I do, not to be a pain or to be an ahole. I post it so that when someone gets an audit, or gets pulled over, or whatever they don't get in trouble with the law because they don't understand the law.

    I truly want everyone here to succeed. To do that though, one needs to follow the laws as best they can. Being ignorant (not in insult!) can be cured and give others a better chance at succeeding. I just try to help cure as much ignorance as I can, and I do appreciate it when I'm the ignorant one and someone can clear up that ignorance with actual facts.
     
    Last edited: Nov 20, 2018
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  6. Rideandrepair

    Rideandrepair Road Train Member

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    I specifically asked the Dot Officer that did my audit 10 yrs ago ( real audit not new carrier) after discussing how I’ve been told by a few Drivers at a Mega that they are allowed to show only 1 post trip inspection and also include it within a 15 min fuel time at the end of the day. My question was I’ve always been told best to show pre- trip (15 min) at beginning of day.Also told her I was required to show at least 1 (15 min) per day at any time by a Large Carrier I was previously Employed by. My question was what is currently suggested ? As I wanted to be covered during a DOT roadside or scale inspection. Having given it some thought She called the office in Lansing.The official answer She Got was”At the End of Day ( Post Trip)”.I suggested maybe to communicate to a possible different Driver of any Problems or Lack thereof? Good especially for slip seating or City Work etc.She agreed. I then specifically asked her if it’s true that because I am the only Operator of Truck and Trailer I am exempt from having to show it as being done. She replied “Yes that’s True”. A few years later I got randomly pulled over in Al. Very nice Officer who’s Father and Mother ran Reefer Team. I told him I had a Level 1 earlier in the day. He replied no need then. I asked Him if he minded doing one as I’m sure I will pass and could use it to help my safety rating.So he did a level 1. Then while sitting in front seat of the Car waiting for report He asked Me exactly like this “ Not that it matters but why do you show a post trip inspection instead of a pre trip ? I explained all of the above stating that I knew I’d be having this discussion some day. I then commented that I was actually exempt though since I’m the Sole Operator. He asked me “What do you mean? No ones exempt”. I told him Im pretty sure of it and that I meant no disrespect or trying to argue but even at my audit I was assured it’s true. He called the Office saying he was curious and had them send a copy of that same regulation You quoted. He also said He agreed I was exempt and that He had learned something. He gave me the copy and said keep it in case you ever get close on hours and need to use it to avoid a ticket. Since then I decided to show both pre trip and post trip as I don’t need the hassle and always have enough hours anyway. I got pulled over by that same Officer about a year later way up in north Al. He had gotten married and moved up there. He couldn’t believe I remembered him.When I mentioned the letter He remembered. That’s my experience every word of it true so help me God.If you don’t believe me that’s ok too.Ive got better things to do then make up stories.
     
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  7. ZVar

    ZVar Road Train Member

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    Oh I believe that's your experience. Your experience is you got very, very lucky because the officers kept getting confused.

    The only exemption for a single truck is for the DVIR. And even now days (since 2016 I believe) even company drivers don't need a DVIR, if nothing was found.

    The way logging is set up, you must be true and accurate. If you do a pre/post log it. If you don't, don't log it.
     
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  8. Rideandrepair

    Rideandrepair Road Train Member

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  9. Rideandrepair

    Rideandrepair Road Train Member

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    Like I said I have no desire to argue with any DOT or you for that matter. But I think I’ll stick with the 4 DOT certified opinions I’ve already gotten. I was just as surprised as any would be when I first read it. I too have read a lot of the refs and as anyone knows it all boils down to final rule and interpretation
     
  10. ZVar

    ZVar Road Train Member

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    No, because that's exactly what I said. All that's exempt is the DVIR.
    There is no logging exemption!

    If you do the pre/post you must log it! I dunno how clearer I can get on that.

    I think you are confusing two different things....
    Do you have to pre/post/dvir?
    Do you have to log it?

    You basically have to pretrip to get the required "satisfied" requirement. No single truck exemption here
    You do not have to post trip inspect a truck.
    As a single truck operation, you do not have to do a DVIR.

    In either case, if it's required to do or not, IF you do it, it MUST be logged.
     
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  11. Rideandrepair

    Rideandrepair Road Train Member

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    I understand your point and agree you are correct. The only time I’ve had to fill out a dvir is when I worked local 23 yrs ago.Also once while doing Power Only for a retailer. The last Company I was Leased to for one year in 2003 had been warned on an audit. They had 100 O/O and every trailer pulled Sometimes 3 a day had to have a dvir on file at Carrier. Even though Trailers-stayed at DC. and were owned and maintained by retailer.It made no sense. They were Overwhelmed constantly keeping track of the reports. Otherwise Since doing OTR I have never done a dvir. Showing a 15 min pre trip became Standard along with 15 min to open doors at consignee etc. as a result of Companies being audited and advised. Pre trip simply shows you satisfied the requirement for inspection. I personally was taught to always do it as a way of covering your own . And also to avoid a possible log book ticket or even to show that a burned out light was operating when you started out or even worse if some defect caused an accident to avoid being held liable. I wish I hadn’t asked the question during my audit honestly. Because once I got the answer I had to do it that way in case of another audit. Since I had been advised and the key word being compliance. Which brings Me back to the only reason I care is to avoid a ticket or an audit violation/ fine or a roadside inspector from H###. I agree the only clear exemption is for actual dvir. I knew the original comment would stir up a response. I thought I had a clear understanding because of my prior info. Having gone over the regs last night even though I was very tired. I see that you Sir are absolutely Correct.It shows how even the interpretations of the Law enforcers aren’t always correct. Reminds Me of how I once beat a log book ticket based on the eception for prior day current day etc being allowed to catch up.etc. The Judge agreed with me after reading a copy of the reg I brought.Later after re-reading regs I realized the exception only refers to OOS meaning I Still was guilty of not current. Lol . Thanks
     
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