How many drivers check to ensure the vehicle is legal to operate?
1. Is the periodic inspection current on the truck and trailer, within the previous 12 months?
Yes - OK
No - Get the inspection done....
2. For those that operate cargo tanks here are the basic rules for the VIPK tests:
a. Rear opening vac heads require an "External Visual" (V) every six months.
b. All other cargo tanks require an "V" test every 12 months
c. Leakage test (K) required every 12 months
d. Internal visual (I) required every 5 years
e. Pressure retest (P) required every 5 years
I cannot express my disappointment when a carrier offers DVIRs and they all list "No defects" found. Especially when the periodic inspection and VIPK tests are lapsed on a piece of equipment. Drivers see the equipment every day and are supposed to be inspecting their equipment.
A lapsed periodic inspection has a maximum penalty of $11,000:
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(a)(3) Non-recordkeeping violations. A person or entity that violates parts 382, 385, or 390-99 of this subchapter, except a recordkeeping requirement, is subject to a civil penalty not to exceed $11,000 for each violation.
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For HM violations the maximum penalty is $105,000:
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(e) Violations of the Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations found in subpart E of Part 385. This paragraph applies to violations by motor carriers, drivers, shippers and other persons who transport hazardous materials on the highway in commercial motor vehicles or cause hazardous materials to be so transported.
(e)(1) All knowing violations of 49 U.S.C. chapter 51 or orders or regulations issued under the authority of that chapter applicable to the transportation or shipment of hazardous materials by commercial motor vehicle on highways are subject to a civil penalty of not less than $250 and not more than $50,000 for each violation. Each day of a continuing violation constitutes a separate offense.
(e)(2) All knowing violations of 49 U.S.C. chapter 51 or orders or regulations issued under the authority of that chapter applicable to training related to the transportation or shipment of hazardous materials by commercial motor vehicle on highways are subject to a civil penalty of not less than $450 and not more than $50,000 for each violation.
(e)(3) All knowing violations of 49 U.S.C. chapter 51 or orders, regulations, or exemptions issued under the authority of that chapter applicable to the manufacture, fabrication, marking, maintenance, reconditioning, repair, or testing of a packaging or container that is represented, marked, certified, or sold as being qualified for use in the transportation or shipment of hazardous materials by commercial motor vehicle on highways are subject to a civil penalty of not less than $250 and not more than $50,000 for each violation.
(e)(4) Whenever regulations issued under the authority of 49 U.S.C. chapter 51 require compliance with the FMCSRs while transporting hazardous materials, any violations of the FMCSRs will be considered a violation of the HMRs and subject to a civil penalty of not less than $250 and not more than $50,000.
(e)(5) If any violation subject to the civil penalties set out in paragraphs (e)(1) through (4) of this appendix results in death, serious illness, or severe injury to any person or in substantial destruction of property, the civil penalty may be increased to not more than $105,000 for each offense.
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It amazes me that drivers supposedly trained in the HMR walk past the VIPK tests markings less than four feet from a day cab's door and perhaps as much as seven feet for a large sleeper berth and miss the obious. Once a VIPK tests is out of date the cargo tank cannot be refilled.
Once the periodic inspection lapses it is inoperable until a new periodic inspection is completed.
I understand it's the motor carrier's responsibility.... However, when things goes south, it's the driver's responsibility and every one is culpable:
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(a)(4) Non-recordkeeping violations by drivers. A driver who violates parts 382, 385, and 390-99 of this subchapter, except a recordkeeping violation, is subject to a civil penalty not to exceed $2,750.
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Please folks, take a few minutes to ensure things are legal before you drive a CMV, the money you save maybe your own.
Be safe.
Pre-trip inspections?
