Is a post trip inspection officially required by D.O.T.?

I do my post trip all day long. Every time I stop, I look over the truck. By the end of the day, it's already done. The latest regs say that you only need to document the post trip if there's something wrong that needs to be written up. But guess what? Anything I find during the day that needs to get fixed, I get fixed before the end of the day. So, no documentation needed.

 

OK, by the numbers

Up to that chronological point that's correct.

That's correct!

Exactly!

Question 25: Section 396.11 requires the driver, at the completion of each day’s work, to prepare a written report on each vehicle operated that day. Does this section require a "post trip inspection" of the kind described in §396.15?

Guidance: No. However, the written report must include all defects in the parts and accessories listed in §396.11(a) that were discovered by or reported to the driver during that day.

The question is does a driver have to do the a post trip inspection of the "KIND" described in 396.15 (driveaway-towaway) and the answer is no a driver is not required to do that. Your fallback is a driver must do a post trip as in 396.11. Problem is 396.11 doesn't say to do an inspection. One may say there is an implication, but implications are not enforceable. Additionally since the written report (DVIR) is no longer required and the final rule specifically states drivers are still required to complete DVIRs if any defects are "discovered or reported" with no mention of a post trip inspection, then one can conclude none is mandated.

Nowhere in 396.11 does it say to do an inspection. It says every driver shall prepare a report including specific parts and accessories. The guidance states that the report must include all defects in the parts and accessories listed in §396.11(a) that were "discovered by or reported to the driver" during that day, not what was found during a required post trip inspection.

Since the DVIR is no longer required unless a defect(s) are discovered by or reported to the driver during that day, no inspection is required.

There go your style points.

 

To add to this, one must count those minutes on on-duty if they are.
Let's take, for example, doing a load check. It takes you 10 minutes. You can flag it for 10, but if you do say 3 in a day you now have accrued 30 minutes On-Duty that needs to be shown on the grid. That 30 minutes counts toward the 70 at the end of the week.

 

The problem I have is with the people who spout off company policy as though it is in the regulations. Nothing prohibits a company from having more stringent standards, and if you wish to remain employed there you must abide by those...but for example, just because your company requires you to note what you do at each duty status change (fuel, load, unload, etc...) doesn't mean the DOT will write you up for NOT including that information. Regs state that all you need to do is note the location of the duty status change, and if a time less than 15 minutes is flagged include the duration of time it actually took...so if a company doesn't care "as long as you're legal", then you don't have to note that you loaded, unloaded, fueled, pretrip, posttrip, load check, or anything else like that.

 

And i agree. However this is a new driver forum and this discussion is better served in another place. It is tough enough as it is being a new guy. When these questions are asked we old hands need to keep it simple. For a new company driver the best answer is follow what your carrier wants.

 

On the same token, the title thread title is "Is a post trip inspection officially required by D.O.T.?"

So, since the op asked about the law, we need to give the law. Maybe add best practices sure, but make sure they are well labeled as best practices and not law.

 

I just agreed. However there are also a lot of new drivers that read these forums too. I stand on my comment. With these new drivers we old hands really need to keep things as simple as we can. I can't tell you in the strongest of terms how confusing the FMCSA rules can be to a new driver. This confusion is why some drivers do stupid boneheaded things. Keep it simple. As I said a question about part 396 in regard to the PTI being required should be answered simply the DOT don't really specify the specific way to do it and best way to go is to ask your company. An OO should already know better.

 

The name of the chapter concerned is:
Section § 396.11: Driver vehicle inspection report(s).

However if still in doubt guidance #2 should clear that up.

Question 2: Does §396.11 require that the power unit and the trailer be inspected?

Guidance: Yes. A driver must be satisfied that both the power unit and the trailer are in safe operating condition before operating the combination.

No implication: It is spelled out in the name of the chapter: Driver Vehicle Inspection report.

The FMSCA has a problem reading, writing, and understanding their own rules. I will grant you that.

Still, with the reading.

 

I thought we were discussing post-trip inspection, not pre or before driving. Why use a guidance concerning before driving when discussing post?

Which is no longer required!
49 CFR Parts 392 and 396
[Docket No. FMCSA-2012-0336]
RIN 2126-AB46
Final Rule
"FMCSA rescinds the requirement that commercial motor vehicle (CMV) drivers operating in interstate commerce, except drivers of passenger-carrying CMVs, submit, and motor carriers retain, DVIRs when the driver has neither found nor been made aware of any vehicle defects or deficiencies."

Even when a DVIR was required a post-trip inspection under 396.11 was not required as is required in 396.15 (driveaway/towaway).

Still no style points.

 

396.11 is the Post-trip inspection clause!

You quoted it in your post #51. Remember? That is what started this whole thing.

It is not my fault you and the FMSCA have reading problems. And yes the FMSCA has a reading and understanding problem. 396.11 has always been the post-trip clause; only in their guidance they referenced it is the pre-trip. Bad on them.

Bad on you for not reading what it contained. It clearly states that the inspection is not "implied" as you assumed.

No where has it been stated, like you claim, the post trip 'inspection' is no longer required. Only the submission and retention is not required when no defects are found. A very different thing.

Correct only because most trucking operations do not contain saddle mounts or tow bars. You can't inspect something that is not their.

Inspection as guidance #2 posted is not implied nor rescinded only the submission of a unmarked DVIR is eliminated.

Still with the reading.