logging no no?

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  #41  
Old 02-10-2008, 02:10 AM
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Originally Posted by Rev.Vassago

Any time you start driving the vehicle, including after a 10 hour break or any other change of duty status, you are required to inspect the vehicle. Technically, mdgardner is correct, as you need to inspect the vehicle after a 10 hour break or more. What he isn't taking into account is that you also need to inspect it after a break of less than 10 hours, or any other time you are going to drive the vehicle.
OK -- Chapter and verse please.

kc0iv
 
  #42  
Old 02-10-2008, 02:34 AM
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Originally Posted by Rev.Vassago
Originally Posted by Skywalker
The answer to a possible rebuttal: In the event a DOT officer wants proof that I stayed in a motel....
Why would a DOT officer want proof that you stayed in a motel? There's no FMCSA regulation that says you have to.
Thank you....my point exactly. But, as said...."in the event"....its not that hard to acquire. I can only see where it would become a worthwhile issue in a truly strange situation...... 8)
 
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Old 02-10-2008, 02:37 AM
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Default Re: logging no no?

Originally Posted by Skywalker
Originally Posted by Rev.Vassago
Originally Posted by Skywalker
The answer to a possible rebuttal: In the event a DOT officer wants proof that I stayed in a motel....
Why would a DOT officer want proof that you stayed in a motel? There's no FMCSA regulation that says you have to.
Thank you....my point exactly. But, as said...."in the event"....its not that hard to acquire. I can only see where it would become a worthwhile issue in a truly strange situation...... 8)
like a hooker said you beat and robbed her at 10 pm on 3rd street, but your hotel receipt shows you checked in at 10 pm on 145th street, that might come in handy
 
  #44  
Old 02-10-2008, 02:39 AM
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Originally Posted by Rev.Vassago

Any time you start driving the vehicle, including after a 10 hour break or any other change of duty status, you are required to inspect the vehicle. Technically, mdgardner is correct, as you need to inspect the vehicle after a 10 hour break or more. What he isn't taking into account is that you also need to inspect it after a break of less than 10 hours, or any other time you are going to drive the vehicle.
I am in agreement with you on this, because in my slightly "distrustful and paranoid" view of the world.....I think that any driver who "fails" to give his or her rig a good once over before driving it again....if they have been out of sight of it for more than a minute or three....is making a serious mistake.

I think what the real issue is, is this: How many times in a 24 hour period are you required to show the event on your logbook? I know that changing trailers/tanks....or changing tractors require logging. Pretrips do, but a postrip can be flagged. Walkarounds I flag as "Saftey Checks" as they require less than 7 minutes.
 
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  #45  
Old 02-10-2008, 03:05 AM
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Originally Posted by kc0iv
Originally Posted by Rev.Vassago

Any time you start driving the vehicle, including after a 10 hour break or any other change of duty status, you are required to inspect the vehicle. Technically, mdgardner is correct, as you need to inspect the vehicle after a 10 hour break or more. What he isn't taking into account is that you also need to inspect it after a break of less than 10 hours, or any other time you are going to drive the vehicle.
OK -- Chapter and verse please.

kc0iv
I already posted it. Twice. :roll:

§396.13 Driver inspection.


Before driving a motor vehicle, the driver shall:
§396.11 Driver Vehicle Inspection Report(s)

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.
"Before operating the vehicle", and "Before operating the combination" means exactly what it says - you inspect before you operate. Doesn't matter if you were away from the vehicle 10 minutes, 10 hours, or 10 days. You inspect before you operate.
 
  #46  
Old 02-10-2008, 03:06 AM
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Originally Posted by Skywalker

I think what the real issue is, is this: How many times in a 24 hour period are you required to show the event on your logbook? I know that changing trailers/tanks....or changing tractors require logging. Pretrips do, but a postrip can be flagged. Walkarounds I flag as "Saftey Checks" as they require less than 7 minutes.
You should really be showing the event every time it occurs, even if it is just a flag. Is that going to happen? Probably not.
 
  #47  
Old 02-10-2008, 04:35 AM
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OK now lets see if you work 10 hours and stop for 10 hours is it a new day? Answer is yes i am only putting out how i intrupit the law not how anyone else does.. Thank you for your help... I do apperciate i know most do not understand but i stop every couple and check things bounce a hammer off my tires. But in the norm i drive 9.5 each day and work up to 10 hours total. If what i said makes sense then god help us all!

I have only one RULE Safe safe safe. I am still a rookie only been out a a few years :twisted: Class of 1997
 
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  #48  
Old 02-10-2008, 08:41 AM
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Rev I know you like a good debate. However, as in any debate one should understand what the subject is addressing. As an example your use of 396.13 Driver inspection. There are three points to this rule. Point one
(a) Be satisfied that the motor vehicle is in safe operating condition;
Which you claim in this discussion.

Point two
(b) Review the last driver vehicle inspection report; and
Seems you missed this point. When was the last driver vehicle inspection report written? Are you saying every time you move the vehicle you fill-out a vehicle inspection report?

Point three
(c) Sign the report, only if defects or deficiencies were noted by the driver who prepared the report, to acknowledge that the driver has reviewed it and that there is a certification that the required repairs have been performed. The signature requirement does not apply to listed defects on a towed unit which is no longer part of the vehicle combination.[/color]
Did you sign the report if you found any defects or deficiencies since you had the defects or deficiencies?

Now addressing your second claim.

Looking at 396.11 Driver vehicle inspection report(s). When is this report required? Well lets look at what the rule requires.
(a) 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 and the report shall cover at least the following parts and accessories:
Did you notice this report is required at the completion of each day's work. Notice it didn't say "Doesn't matter if you were away from the vehicle 10 minutes, 10 hours, or 10 days. You inspect before you operate." Which is what the Q&A guidance is speaking about you attempted to use. But for the sake of this discussion let's look at this Q&A.
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?
Did you notice when and how many times the DVIR is required? Each day. Not every time the driver is away from the vehicle as you claim.

Looking farther down the Q&A notice Question 24.
Question 24: How would the DVIR requirements apply to a driver who works two or more shifts in a single calendar day?

Guidance: §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.[/color]
Notice here it clearly says one DVIR per vehicle in a 24 hour period.

Going farther down the Q&A.
Question 25: §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.[/color]
Did you notice "requires the driver, at the completion of each day's work,"? Again didn't say "Doesn't matter if you were away from the vehicle 10 minutes, 10 hours, or 10 days. You inspect before you operate."

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.

Continuing on with 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.
Here I think is the key. "If a driver operates more than one vehicle during the day,a report shall be prepared for each vehicle operated." One report for each vehicle. Not the same vehicle several times each day.

While I am sure you would like the rules to say more but that isn't what they say. If you want to do a DVIR every time you stop so be it. But the rules don't require it.

kc0iv
 
  #49  
Old 02-10-2008, 09:59 AM
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Originally Posted by kc0iv
Rev I know you like a good debate. However, as in any debate one should understand what the subject is addressing. As an example your use of 396.13 Driver inspection. There are three points to this rule. Point one
(a) Be satisfied that the motor vehicle is in safe operating condition;
Which you claim in this discussion.

Point two
(b) Review the last driver vehicle inspection report; and
Seems you missed this point. When was the last driver vehicle inspection report written? Are you saying every time you move the vehicle you fill-out a vehicle inspection report?

Point three
(c) Sign the report, only if defects or deficiencies were noted by the driver who prepared the report, to acknowledge that the driver has reviewed it and that there is a certification that the required repairs have been performed. The signature requirement does not apply to listed defects on a towed unit which is no longer part of the vehicle combination.[/color]
Did you sign the report if you found any defects or deficiencies since you had the defects or deficiencies?

Now addressing your second claim.

Looking at 396.11 Driver vehicle inspection report(s). When is this report required? Well lets look at what the rule requires.
(a) 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 and the report shall cover at least the following parts and accessories:
Did you notice this report is required at the completion of each day's work. Notice it didn't say "Doesn't matter if you were away from the vehicle 10 minutes, 10 hours, or 10 days. You inspect before you operate." Which is what the Q&A guidance is speaking about you attempted to use. But for the sake of this discussion let's look at this Q&A.
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?
Did you notice when and how many times the DVIR is required? Each day. Not every time the driver is away from the vehicle as you claim.

Looking farther down the Q&A notice Question 24.
Question 24: How would the DVIR requirements apply to a driver who works two or more shifts in a single calendar day?

Guidance: §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.[/color]
Notice here it clearly says one DVIR per vehicle in a 24 hour period.

Going farther down the Q&A.
Question 25: §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.[/color]
Did you notice "requires the driver, at the completion of each day's work,"? Again didn't say "Doesn't matter if you were away from the vehicle 10 minutes, 10 hours, or 10 days. You inspect before you operate."

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.

Continuing on with 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.
Here I think is the key. "If a driver operates more than one vehicle during the day,a report shall be prepared for each vehicle operated." One report for each vehicle. Not the same vehicle several times each day.

While I am sure you would like the rules to say more but that isn't what they say. If you want to do a DVIR every time you stop so be it. But the rules don't require it.

kc0iv
I picked up a trailer friday that I have never pulled before, the annual inspection sticker was dated 2000. I guess the previous drivers didnt do pretrips
with Revs' system, that would never have happened
 
  #50  
Old 02-10-2008, 10:39 AM
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Originally Posted by kc0iv
Rev I know you like a good debate. However, as in any debate one should understand what the subject is addressing. As an example your use of 396.13 Driver inspection. There are three points to this rule. Point one
(a) Be satisfied that the motor vehicle is in safe operating condition;
Which you claim in this discussion.


I do.

(b) Review the last driver vehicle inspection report; and
Seems you missed this point. When was the last driver vehicle inspection report written? Are you saying every time you move the vehicle you fill-out a vehicle inspection report?


No.

(c) Sign the report, only if defects or deficiencies were noted by the driver who prepared the report, to acknowledge that the driver has reviewed it and that there is a certification that the required repairs have been performed. The signature requirement does not apply to listed defects on a towed unit which is no longer part of the vehicle combination.
Did you sign the report if you found any defects or deficiencies since you had the defects or deficiencies?


If you have deficiencies that were noted on a DIVR, you must sign the report and acknowledge that the repairs were made before the vehicle is operated. If no defects or deficiencies exist, then no signing is necessary.

Now addressing your second claim.

Looking at 396.11 Driver vehicle inspection report(s). When is this report required? Well lets look at what the rule requires.
(a) 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 and the report shall cover at least the following parts and accessories:
Did you notice this report is required at the completion of each day's work. Notice it didn't say "Doesn't matter if you were away from the vehicle 10 minutes, 10 hours, or 10 days. You inspect before you operate." Which is what the Q&A guidance is speaking about you attempted to use. But for the sake of this discussion let's look at this Q&A.
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?
Did you notice when and how many times the DVIR is required? Each day. Not every time the driver is away from the vehicle as you claim.


I never claimed a DIVR was required any time the driver was away from the vehicle. I claimed an inspection was required. There is a difference.

Looking farther down the Q&A notice Question 24.
Question 24: How would the DVIR requirements apply to a driver who works two or more shifts in a single calendar day?

Guidance: §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.
Notice here it clearly says one DVIR per vehicle in a 24 hour period.


Your point? I never stated that multiple DIVR's were required in a 24 hour period.

Going farther down the Q&A.
Question 25: §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.[/color]
[color=green]Did you notice "requires the driver, at the completion of each day's work,"? Again didn't say "Doesn't matter if you were away from the vehicle 10 minutes, 10 hours, or 10 days. You inspect before you operate."
Apparently you are having difficulty with the difference between an inspection report and an inspection. They aren't the same thing.


While I am sure you would like the rules to say more but that isn't what they say. If you want to do a DVIR every time you stop so be it. But the rules don't require it.
Show me where I stated that a DIVR was required every time you stopped a vehicle. :roll:
 

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