Pre trip frequency for a team

Post the regulation.

 

Hopefully this answers most questions...

Even if FMCSR does not require a certain specification such as minimum amount of time to fuel or logging line 4 for a post trip, the carrier may require that you do so above and beyond the minimum requirements. You agree to haul for them, so you agree to abide by their requirements.

Part 396
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View the regulations for Part 396


Guidance for § 396.11: Driver vehicle inspection report(s).
Question 1: Does §396.11 require the DVIR to be turned in each day by a driver dispatched on a trip of more than one day’s duration?

Guidance: A driver must prepare a DVIR at the completion of each day’s work and shall submit those reports to the motor carrier upon his/her return to the home terminal. This does not relieve the motor carrier from the responsibility of effecting repairs and certification of any items listed on the DVIR, prepared at the end of each day’s work, that would be likely to affect the safety of the operation of the motor vehicle.

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.

Question 3: May more than one power unit be included on the DVIR if two or more power units were used by a driver during one day’s work?

Guidance: No. A separate DVIR must be prepared for each power unit operated during the day’s work.

Question 4: Does §396.11 require a motor carrier to use a specific type of DVIR?

Guidance: A motor carrier may use any type of DVIR as long as the report contains the information and signatures required.

Question 5: Does §396.11 require a separate DVIR for each vehicle and a combination of vehicles or is one report adequate to cover the entire combination?

Guidance: One vehicle inspection report may be used for any combination, provided the defects or deficiencies, if any, are identified for each vehicle and the driver signs the report.

Question 6: Does §396.11(c) require a motor carrier to effect repairs of all items listed on a DVIR prepared by a driver before the vehicle is subsequently driven?

Guidance: The motor carrier must effect repairs of defective or missing parts and accessories listed in Appendix G to the FMCSRs before allowing the vehicle to be driven.

Question 7: What constitutes a "certification" as required by §396.11(c)(1) and (2)?

Guidance: A motor carrier or its agent must state, in writing, that certain defects or deficiencies have been corrected or that correction was unnecessary. The declaration must be immediately followed by the signature of the person making it.

Question 8: Who must certify under§396.11(c) that repairs have been made when a motor vehicle is repaired en route by the driver or a commercial repair facility?

Guidance: Either the driver or the commercial repair facility.

Question 9: Must certification for trailer repairs be made?

Guidance: Yes. Certification must be made that all reported defects or deficiencies have been corrected or that correction was unnecessary. The certification need only appear on the carrier’s copy of the report if the trailer is separated from the tractor.

Question 10: What responsibility does a vehicle leasing company, engaged in the daily rental of CMVs, have regarding the placement of the DVIR in the power unit?

Guidance: A leasing company has no responsibility to comply with §396.11unless it is the carrier. It is the responsibility of a motor carrier to comply with part 396 regardless of whether the vehicles are owned or leased.

Question 11: Which carrier is to be provided the original of the DVIR in a trip lease arrangement?

Guidance: The motor carrier controlling the vehicle during the term of the lease (i.e. the lessee) must be given the original of the DVIR. The controlling motor carrier is also responsible for obtaining and retaining records relating to repairs.

Question 12: Must the motor carrier’s certification be shown on all copies of the DVIR?

Guidance: Yes.

Question 13: Must a DVIR carried on a power unit during operation cover both the power unit and trailer being operated at the time?

Guidance: No. The DVIR must cover the power unit being operated at the time. The trailer identified on there port may represent one pulled on the preceding trip.

Question 14: In instances where the DVIR has not been prepared or cannot be located, is it permissible under§396.11 for a driver to prepare a DVIR based on a pretrip inspection and a short drive of a motor vehicle?

Guidance: Yes. §396.11 of the FMCSRs places the responsibility on the motor carrier to require its drivers to prepare and submit the DVIR. If, in unusual circumstances, the DVIR has not been prepared or cannot be located the motor carrier may cause a road test and inspection to be performed for safety of operation and the DVIR to be prepared.

Question 15: Is it permissible to use the back of a record of duty status (daily log) as a DVIR?

Guidance: Yes, but the retention requirements of §396.11 and §395.8must be met.

Question 16: Does §396.11 require that specific parts and accessories that are inspected be identified on the DVIR?

Guidance: No.

Question 17: Is the Ontario pretrip/posttrip inspection report acceptable as a DVIR under §396.11?

Guidance: Yes, provided the report from the preceding trip is carried on board the motor vehicle while in operation and all entries required by §396.11 and 396.13are contained on the reports.

Question 18: Where must DVIRs be maintained?

Guidance: Since §396.11 is not specific, the DVIRs may be kept at either the motor carrier’s principal place of business or the location where the vehicle is housed or maintained.

Question 19: Who is responsible for retaining DVIRs for leased vehicles including those of owner-operators?

Guidance: The motor carrier is responsible for retaining the original copy of each DVIR and the certification of repairs for at least 3 months from the date the report was prepared.

Question 20: Is a multi-day DVIR acceptable under §396.11 and 396.13?

Guidance: Yes, provided all information and certifications required by §§396.11and 396.13 are contained on the report.

Question 21: Is a DVIR required by a motor carrier operating only one tractor trailer combination?

Guidance: No. One tractor semitrailer/full trailer combination is considered one motor vehicle. However, a carrier operating a single truck tractor and multiple semitrailers, which are not capable of being operated as one combination unit, would be required to prepare DVIRs.

Question 22: Are motor carriers required to retain the "legible copy" of the last vehicle inspection report (referenced in§396.11(c)(3)) which is carried on the power unit?

Guidance: No. The record retention requirement refers only to the original copy retained by the motor carrier.

Question 23: Does the record retention requirement of §396.11(c)(2) apply to all DVIRs, or only those reports on which defects or deficiencies have been noted?

Guidance: The record retention requirement applies to all DVIRs.

Question 24: How would the DVIR requirements apply to a driver who works two or more shifts in a single calendar day?

Guidance: Section 396.11(a) requires every driver to prepare a DVIR at the completion of each day’s work on each vehicle operated. A driver who operates two or more vehicles in a 24-hour-period must prepare a DVIR at the completion of the tour of duty in each vehicle.

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.

Question 26: Is the motor carrier official or agent who certifies that defects or deficiencies have been corrected or that correction was unnecessary required to be a mechanic or have training concerning commercial motor vehicle maintenance?

Guidance: No. Section 396.11 does not establish minimum qualifications for motor carrier officials or agents who certify that defects or deficiencies on DVIRs are corrected. With the exception of individuals performing the periodic or annual inspection (§396.19), and motor carrier employees responsible for ensuring that brake-related inspection, repair, or maintenance tasks are performed correctly (§396.25), Part 396of the FMCSRs does not establish minimum qualifications for maintenance personnel. Motor carriers, therefore, are not prohibited from having DVIRs certified by company officials or agents who do not have experience repairing or maintaining commercial motor vehicles.

 

I'm kinda the same way. At the yard at the start of the day I'm walking up to the truck, and not only am I looking at my truck, but all the others in the yard as I walk by. Over the years I've found easily a dozen tires flat that I reported to the shop. Once a bad coolant leak from a truck. Just silly in my mind to not glance and report somthing wrong when it is literally just walk to the shop and tell a mechanic so they can take care of it before the driver actually needs the equipment.

 

396.7 (a) General. A motor vehicle shall not be operated in such a condition as to likely cause an accident or a breakdown of the vehicle.

It does not say WHEN a driver must inspect, not how long, nor what specifically the driver must inspect. It does say that the driver is responsible to ensure the condition of the vehicle is such that an accident or breakdown is unlikely.

396.13
Before driving a motor vehicle, the driver shall:

(a) Be satisfied that the motor vehicle is in safe operating condition;


395.2 states "On-duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include:

(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;"

So a driver must ensure the equipment is safe to operate under rule 393 and its sub parts BEFORE driving the vehicle. Thus the driver must inspect the vehicle at the start of their shift. Inspections must be logged on duty, therefore a driver must log a PTI before driving.

That is my interpretation of FMSCA regulations. It is not the only interpretation, but if I were a prosecuting attorney this is the argument I would put forth to show negligence on the part of the driver and the company.

There's a reference in the dvir section that only one driver of a team must complete a dvir, but dvir is filled out at the end of day (and not required unless dot defects are discovered). However each driver must independently ensure the vehicle is safe to operate. Taking 5 minutes at the start or a shift and 10 once a day to check fluids/under the hood doesn't hurt the clock and keeps everyone happy.

 

Yeah, I saw it and just had to comment... LOL

 

Some of the posts above seem to be out of date... while one does need to be sure a vehicle is safe to be one the roads, we are no longer required to document the inspection unless an issue is identified. One could say that doing this must be documented as "on time" but there is no longer a record being made of completed inspections unless an issue is identified during the inspection.

Am I misunderstanding something? Thanks.

 

You're correct that there is no documentation required for a pre-trip inspection (other than logging the time as on-duty) unless there were deficiencies noted on the last DVIR (per §396.13).

A post-trip report is required, unless no deficiencies found.

(1) Report required. Every motor carrier shall require its drivers to report, and every driver shall prepare a report in writing at the completion of each day's work on each vehicle operated..."

(2) Report content. "...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."
(per §396.11)​

 

I think where you're getting hung up is the difference between a DVIR and and logging on duty/flagging a remark for the inspection. The Driver Vehicle Inspection REPORT only needs to be done for DOT defects, but all Inspections should be logged on duty and ideally remarked upon but the remark isn't required.

 

So that's what I said, correct?

 

It is; I just like to post the relevant rule and a link to same. Normally that would save arguing...



but we're talking with truck drivers here.