[Myth_Buster]

?396.11 Driver vehicle inspection report(s).

(b) Report content. The report shall identify the vehicle and list any defect or deficiency discovered by or reported to the driver which would affect the safety of operation of the vehicle or result in its mechanical breakdown. If no defect or deficiency is discovered by or reported to the driver, the report shall so indicate. In all instances, the driver shall sign the report. On two-driver operations, only one driver needs to sign the driver vehicle inspection report, provided both drivers agree as to the defects or deficiencies identified. If a driver operates more than one vehicle during the day, a report shall be prepared for each vehicle operated.

Drivers and carriers often miss the requirement to report any safety defects reported to a driver.

Most DVIRs are a pencil whipping exercise with "No Defects Found" for the most part the DVIRs have to be taken at face value. However, there are days a person knows there were defects and the carrier can be cited for incomplete reports or in worse case scenarios falsifying a report. Those days are when a roadside inspection reveals the defects and the driver receives a written report with the violations listed. Drivers that fail to transcribe the information and list the reported defects have prepared an incomplete or false report.

Other issues include failing to repair defects in a timely manner. The roadside inspection program allows a vehicle with non-OOS defects to continue to its destination. However, once the vehicle is off-loaded reapirs from the roadside inspection have to be repaired before the vehicle is reloaded.

NO the carrier does not have 15 days to repair the vehicle.

(d) Motor carrier disposition.

(d)(1) The driver of any motor vehicle receiving an inspection report shall deliver it to the motor carrier operating the vehicle upon his/her arrival at the next terminal or facility. If the driver is not scheduled to arrive at a terminal or facility of the motor carrier operating the vehicle within 24 hours, the driver shall immediately mail the report to the motor carrier.

(d)(2) Motor carriers shall examine the report. Violations or defects noted thereon shall be corrected.

No mention of 15 days until the next line.

(d)(3) Within 15 days following the date of the inspection, the motor carrier shall ?

(d)(3)(i) Certify that all violations noted have been corrected by completing the "Signature of Carrier Official, Title, and Date Signed" portions of the form; and

(d)(3)(ii) Return the completed roadside inspection form to the issuing agency at the address indicated on the form and retain a copy at the motor carrier's principal place of business or where the vehicle is housed for 12 months from the date of the inspection.

CYOA folks, transcribe the defects to the DVIR and get the repairs made.

Be safe.

[Rev.Vassago]

Better keep your story straight. In another thread, you stated:

Originally Posted by Myth_Buster

Part 392 varies from Part 396, whereas Part 392 is the operation of a CMV. Part 396 is scheduled maintenance.

This doesn't seem to pertain to scheduled maintainance at all.

:roll:

[Myth_Buster]

What a daily inspection isn't scheduled maintenance? :?

So if a daily vehicle inspection isn't scheduled maintenance, what is it?

Be safe.

[Rev.Vassago]

Originally Posted by Myth_Buster

What a daily inspection isn't scheduled maintenance? :?

So if a daily vehicle inspection isn't scheduled maintenance, what is it?

Be safe.

A daily vehicle inspection is just what it states - an inspection. An inspection is a formal or official viewing or examination.

Maintenance is the care or upkeep of the machinery. Examining a truck for defects is not upkeeping the truck; repairing the truck is upkeeping the truck.

Drivers are not required to perform maintenance; carriers are. FMCSA is very clear about this in ?396.3

?396.3 Inspection, repair and maintenance.

(a) General ? Every motor carrier shall systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles subject to its control.

[Myth_Buster]

Maintenance is the care or upkeep of the machinery. Examining a truck for defects is not upkeeping the truck; repairing the truck is upkeeping the truck.

Don't you have to inspect a truck to know what's wrong so you can correct the defects? Isn't correcting defects scheduled maintenance?

A daily vehicle inspection ensures a vehicle is safe to operate. The FMCSR requires items identified on the DVIR that affect safe operation to be repaired before the driver operates the vehicle.

?396.11 Driver vehicle inspection report(s).

(c) Corrective action. Prior to requiring or permitting a driver to operate a vehicle, every motor carrier or its agent shall repair any defect or deficiency listed on the driver vehicle inspection report which would be likely to affect the safety of operation of the vehicle.

(1) Every motor carrier or its agent shall certify on the original driver vehicle inspection report which lists any defect or deficiency that the defect or deficiency has been repaired or that repair is unnecessary before the vehicle is operated again.

So carriers are required to maintain the vehicle based on the driver's inspection.

Are we feeling a little insecure there Rev or you just testing the waters?

Be safe.

[yoopr]

I would hardly Describe a Pre or Post trip VI as Maintenance

[Myth_Buster]

yoopr

I would hardly Describe a Pre or Post trip VI as Maintenance

Perhaps that is because you don't perform a proper pretrip inspection.

The NTSB has cited driver failure to perform a proper pretrip inspection as a primary cause for improperly adjusted brakes. Beacuse drivers don't properly perform pretrip inspections brake problems are going unreported.

WASHINGTON, D.C. - The National Transportation Safety Board today determined that the probable cause of a collision between an 18-wheel truck and a school bus in Arkansas last year was the reduced braking efficiency of the truck's brakes, which had been poorly maintained and inadequately inspected.

Three school children died on May 31, 2001, when a truck-tractor semitrailer exited Interstate 540 at State Highway 282 near Mountainburg, Arkansas, failed to stop at the bottom of the ramp, and collided with a school bus. Two other children received serious injuries and four had minor injuries. The drivers of both vehicles sustained minor injuries.

Post accident examination showed that 8 of the truck's 10 brakes were either out of adjustment or nonfunctional, with 4 of them unable to provide any braking force, even without taking into account heat buildup and drum expansion that occurred while the truck was traversing hilly terrain. The driver said he had last adjusted the truck's brakes 4 days before the crash, and had visually inspected them the morning of the accident. However, the Board found that the driver did not follow recommended practice for measuring pushrod stroke during the pretrip inspection, and a visual inspection did not allow him to determine that the brakes were out of adjustment. The NTSB recommended that the Federal Motor Carrier Safety Administration (FMCSA) revise its regulations to require minimum pretrip inspection procedures for determining brake adjustment.

Be safe.

[yoopr]

Perhaps that is because you don't perform a proper pretrip inspection.

The NTSB has cited driver failure to perform a proper pretrip inspection as a primary cause for improperly adjusted brakes. Beacuse drivers don't properly perform pretrip inspections brake problems are going unreported

Driven since '78 and I THINK i can do a pretty thorough Pre Trip :roll:
With a spotless accident and ticket record.
You are pretty condescending with your Posts and you're mixing apples and oranges.

[Rev.Vassago]

Originally Posted by Myth_Buster

Don't you have to inspect a truck to know what's wrong so you can correct the defects? Isn't correcting defects scheduled maintenance?

Correcting defects is, in fact, maintainance, but it is not the job of the driver to correct the defects; it is the job the MOTOR CARRIER to do so. It is only the job of the driver to perform his inspections, and to note any defects when performing a post-trip inspection report.

If a driver is required to perform an in-route inspection, please cite the FMCSA rule that specifically states that.

If I am driving a truck, and stop to take a pee, you bet I'm gonna do a walkaround before leaving. But I am not going to log it as an inspection, because there is no FMCSA rule stating that I am required to do so.

A daily vehicle inspection ensures a vehicle is safe to operate. The FMCSR requires items identified on the DVIR that affect safe operation to be repaired before the driver operates the vehicle.

So carriers are required to maintain the vehicle based on the driver's inspection.

Again; your point? The inspection is not the maintainance, the corrections to defects are. And it isn't the job of the driver to correct the defects.

Are we feeling a little insecure there Rev or you just testing the waters?

No, I am just calling you out as a "John Q. wannabe". And not a very good one, I might add. :lol:

[Myth_Buster]

2002 Closed Enforcement Cases

COREY LITTLETON CHICAGO, IL 396.9(c)(2) Driver IL-2002-0066-US0769 $750.00

Well there's at least one where a driver was prosecuted in relation to maintenance of a vehicle. The driver operated a vehicle declared OOS.

ORVIN M. KILGORE MANSFIELD, MO 396.11(a) Driver MO-2003-0007-US0762 $300.00

There's two.

You're welcome to split hairs regarding maintenance and inspections. However, the fact is drivers have to deal with the down time associated with vehicles placed OOS. States do cite drivers for safety defects on the equipment they are operating with monetary penalties.

The cases given as examples are public history to avoid releasing proprietary information.

As far as a requirement for a driver to inspect vehicles in operation:

?392.7 Equipment, inspection and use.


No commercial motor vehicle shall be driven unless the driver is satisfied that the following parts and accessories are in good working order, nor shall any driver fail to use or make use of such parts and accessories when and as needed:

Service brakes, including trailer brake connections.

Parking (hand) brake.

Steering mechanism.

Lighting devices and reflectors.

Tires.

Horn.

Windshield wiper or wipers.

Rear-vision mirror or mirrors.

Coupling devices.

Part 383.111 supports Part 392 by stating:

?383.111 Required knowledge.

(e) Vehicle inspections: The objectives and proper procedures for performing vehicle safety inspections, as follows:

(e)(1) The importance of periodic inspection and repair to vehicle safety.

(e)(2) The effect of undiscovered malfunctions upon safety.

(e)(3) What safety related parts to look for when inspecting vehicles.

(e)(4) Pre-trip/enroute/post-trip inspection procedures.

(e)(5) Reporting findings.

The study guide from the Illinois Secretary of State says:

Pre-trip Inspection ? A pre-trip inspection will help you find problems that
could cause an accident or breakdown.
Trip Inspection ? For safety you should:
? Watch gauges for signs of trouble.
? Use your senses to check for problems (look, listen, smell, feel).
? Check critical items when you stop:
- Tires, wheels and rims
- Brakes
- Lights and reflectors
- Brake and electrical connections to trailer
- Trailer coupling devices
- Cargo securement devices
After-Trip Inspection and Report ? Conduct an after-trip inspection at the
end of the trip, day or tour of duty on each vehicle you operate. This may
include completing a vehicle condition report listing any problems you find.
The inspection report helps the motor carrier know when the vehicle needs
repairs.

Seems pretty cut and dried to me, of course that's IMHO. The section described is inspection, use, and list enroute inspections. As mentioned the FMCSA now requires Special Agents to complete 32 roadside inspections each year. You can expect to see an increase in driver penalties for issues in regard to maintenance.

The Act requires that a certified safety auditor perform any safety audit or compliance review conducted after December 31, 2002.

Part 1: Certification Process

Certification is a way for FMCSA to assure its employees, the general public, and the Congress that its enforcement personnel are qualified to perform motor carrier compliance reviews, safety audits, and Level I and V inspections. Certification as required by the Interim Final Rule is a mandatory condition of continued employment for Federal employees required to perform these types of duties on a recurring basis, as described below. Each Division Administrator will ensure that the Federal and federally funded personnel performing motor carrier compliance reviews, safety audits, and Level I and V inspections in his or her State are certified to perform that job function. For Federal employees performing functions subject to certification on a recurring basis, failure to be certified or maintain certification as required by the Interim Final Rule could be a basis for termination of employment. Recurring basis means that those individuals' job responsibilities require them to conduct a minimum of six (6) compliance reviews, twenty-four (24) safety audits, and/or thirty-two (32) Level I and V inspections on an annual (annual shall mean fiscal year) basis. State MCSAP agencies will certify as part of their commercial vehicle safety plans that MCSAP personnel conducting any of these job functions meet these requirements.

The requirements for certification will apply to all individuals who conduct motor carrier compliance reviews, safety audits, or Level I and V inspections. However, FMCSA will certify any current Federal or federally funded State or local employee who was fully trained in conducting motor carrier compliance reviews, safety audits, or Level I and V roadside inspections prior to July 17, 2002. FCMSA recommends that the Division Administrators document this certification process for Federal employees through the annual performance appraisal process. These individuals will be certified until September 30, 2003. After this initial certification, they must be certified by one of the following methods. Certification to Conduct Motor Carrier Compliance Reviews

Drivers are the captains of their ships. Any safety defect ignored by the driver can result in prosecution from state or federal sources, OOS delays, and possible jail time if an accident related to safety defects involves death.

As mentioned, the driver involved in the 2002 crash at the Hampshire Toll booth recently had the charge changed from manslaughter to 2nd degree murder.

As far as your argument the FMCSA holds the "MOTOR CARRIER" responsible for maintenance:

?390.5 Definitions.

Unless specifically defined elsewhere, in this subchapter:

Motor carrier means a for hire motor carrier or a private motor carrier. The term includes a motor carrier's agents, officers and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories. For purposes of subchapter B, this definition includes the terms employer and exempt motor carrier.

I would say a driver fits into that definition as the driver is responsible for vehicle safety and load securement.

yoopr, if you're checking brake push-rod travel on a daily basis and are under the truck looking up at parts and accessories how do you avoid getting greasy? Is your truck so spotless the differentials are oil less? I drove in a time when manual slack adjusters were the norm and parking brakes required air to make them work. You did two things:

1. Regularly adjust your brakes using a 9/16" wrench

2. Bump trailers, hook airlines, charge the trailers air system, apply the trailer's parking brakes, then backed under the trailer. Otherwise you ended up chasing trailers around the parking lot.

I'd bet a dollar to a dough nut 99.9% of driver visually inspect the brakes and do not check the push rod travel as prescribed by Pre-Trip Inspection Standards Pages 20 - 25 specifically page 23.

The pre-trip inspection is maintenance if properly performed. The NTSB has stated the automatic slack adjusters provide a false sense of security.

Back to the original issues:

1. Defects from the roadside inspection must be transcribed to the DVIR

2. Most DVIRs are pencil whipped and marked as "No defects found."

3. Vehicles cited for non-OOS defects must be repaired prior to reloading the vehicle.

Per the definition of a "Motor Carrier" under Part 390.5 a driver is a motor carrier.

Be safe.