Quote:
Originally Posted by asdfghjkl
I didn't realize we are supposed to show 15 minutes for a post trip. Does anyone know if that is correct? I have had several dot inspections and had my logs checked by DOT many times and I've never logged 15 minutes for a post trip inspection.
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The FMCSR's do NOT require
showing 15 mins for either a pre or post trip inspection. They DO require every driver to DO one, but... the few things required to be checked could be done in less than... say 6 mins. So... If a driver ended his shift at exactly 0954... he could perform the post trip and log off duty at 1000 hours.
The regs require that each driver complete a post trip inspection report at the END of his shift (or workday) but does NOT specify a required time to perform such a check, nor a required "entry" in the HOS grid.
The regs require that a driver must be "satisfied" that the CMV is in proper working condition, but that can be accomplished by reviewing the post trip report from the previous driver... which might well he HIMSELF.
This is a very nebulous area of DOT regulation, but it seems that there is very little "time" requirements for the driver himself. The carrier is required to maintain periodic inspection reports, and ANY problems noted on the "post-trip" DVIR must be corrected and signed off on before he can drive it again.
If a driver is out (on the road) for a week or so... he must complete the DVIR at the end of each day, but again... no requirement for logging it, per se. He must continue to be "satisfied" that the regulated items are in good working order.
TEAM drivers are not actually required to DO a pre-trip if they are satisfied that the other driver checked (or was aware of) the condition of the CMV. But, each of them is required to fill out the DVIR on their log at the end of their shift/day.
It seems "plausible" at least, that the DM in the O.P.'s case actually DID know the regs... but, I don't claim that she did. If the truck was on the yard and "shut off" before 10 a.m., the driver COULD have legally logged a 10 hr break before coming on duty at 8 p.m.
This does NOT excuse her reaction. She could have simply explained the need to "correct" the logs (in a legal manner) so that compliance was not in question.
This also does NOT excuse the driver for not knowing the regs, AND... since he was told a day earlier what his "dock time" for the next evening's run was... his obligation to his company for "logging" his previous run (even though it was late) in a manner that would have satisfied the HOS, protected THEIR contract... and HIS job.
Something in the way "she" said.... "we're through playing games with you," suggests a history of nit-picking or arguing over HOS from this driver. But... it also could show a pattern of "coersion" by the dispatch staff trying to meet some stupid thing called a "dock time."
Obviously... this carrier is running things TOO thin, and trying to squeeze every minute out of the HOS regs!
I wouldn't work for THEM! And I wouldn't work for any of you that think a driver is a piece of meat! Maybe, he was incorrect in his understanding of the regs. Who TAUGHT logging to him? If you could fire a driver just for not understanding all the HOS logging regs.... well... many of YOU would be in the position HE is in! We all know how hard it is to find a job without a GOOD "reference."
The DM should have (unless she wanted to get rid of him,) explained how the logs COULD be made "legal" and he could make his dock time. I'm not saying that his arrival time should be "fudged," although... we all know that can be done. But, when we're only talking a few minutes, and it can BE done legally by returning his log and having him "correct" it.... then, what was the problem?
