[golfhobo]

Thanks for the info, Mike3fan. So, the SHOP is responsible, or at least "acceptable" for an inspection that the driver can be "satisfied" with PER THE REGS.

That pretty much clears it up for me. The regs CLEARLY state that, if the driver is "satisfied" with a codriver's inspection, OR a "safetly lane" inspection, and he has reviewed the previous DVIR and signed it ONLY if necessary, then he can be "satisfied" that the combination is safe to drive.

I am NOT against doing a PRE TRIP inspection. I am against someone misinterpreting the regs to tell me that it is REQUIRED.

If I was slipseating a truck on a daily basis, you DANG well should believe that I would pretrip it! But, when on the road for a week at a time, with a codriver or myself doing the REQUIRED post trip inspection and report that all was working fine 15 minutes ago, I will not be "convinced" that the regs require a pretrip from me. And I believe that was the question posed on this thread.

Yes, even if it is my assigned equipment, if I am away from it for a day or so, I WILL pretrip it before I leave out. But, the regs clearly state that I am not REQUIRED to do so if I am "satisfied" with the fact that the combination is in working conditon (as it was when we pulled onto the fuel island to fuel and SWITCH.)

Again I remind SOME here, that we are not ALL "solo" drivers who park for 10 hours overnight in a truckstop. And we are not ALL "local" drivers who may get a different combination each day.

But, even if we WERE..... the regs clearly state that the equipment must have been either POST trip inspected, or SHOP inspected, for us to be "satisfied." It's a simple distinction in phraseology. They don't USE the word "inspected" when referring to the driver about to operate the equipment. They say the equipment must have been INSPECTED before the driver is "satisfied" that it is safe to drive.

That "inspection" (per the regs) could have been done by the codriver, the driver during his previous day's POST TRIP, OR by the shop. And, here is my proof:

§396.11 Driver vehicle inspection report(s).
(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...

(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.

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.

(c)(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.

Now, HERE is the "interpretation" that Myth_Buster and I seem to read differently. I will first quote it with RED LETTERS to show the emphasis that HE is comprehending, and then.... I will post it again showing the way I read the emphasis.

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.

And that is where HE stops reading and comprehending.

Here is how I read it:

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.

I see question 2 as asking about the TRAILER, and the CONTEXT of the next few questions/interpretations backs me up. I am NOT saying the equipment doesn't have to be inspected before going on the road again. I am saying it is the responsibility of the previous driver/shop and the current driver must only be "satisfied" as is the wording of the regs.

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.

Again, the emphasis is on the UNITS that must be "inspected," just as it was on the trailer that may have been "hooked."

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.

And the next 2 "questions" seal my case:

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 the report may represent one pulled on the preceding trip.

So much for the requirement to "pretrip" a trailer!

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 carriermay cause a road test and inspection to be performed for safety of operation and the DVIR to be prepared.

Now... WHY would the regs make special circumstances for a PRETRIP and ROADTEST to be performed in order to satisfy the regulation for a post-trip inspection and a DVIR..... If a PRETRIP was required or NECESSARY for a driver to be "satisfied" with the equipment/combination he is hauling?

Notice, PLEASE.... that a pretrip inspection is not good enough in such a situation. A short ROAD TEST is "required." That is obviously because SOME deficiencies are noticed ONLY by driving the vehicle "all day."

I believe that if one considers ALL the questions relevant to the interpretation of this reg, takes them in CONTEXT, and pays specific attention to the wording and rationale.... one will get the "SPIRIT" of this reg!

And, as a "coup de grace" (that's a final death blow for those of you who don't speak French,) while researching for this argument, I noticed that REG 396 is the ONLY one of the few being discussed here, that does NOT appear under the "DRIVER" section of the FMCSA website.

COULD be just another government mistake and FAILING of some GS-13 who is "tasked" with the job, but.... then again.... it could be intentional and "relative" to the discussion. Either way.... it didn't escape MY "inspection."

I suppose you all will make your OWN decision, and M/B and the REV will be along soon to quote some irrelevant "safestat" to attempt to prove me wrong. I really don't care. I believe I've proven my case concerning the regs.

For the record, I believe EVERY driver should do a full PRE-TRIP before starting out on a day's driving. But, NOT because it is required by the regs, or SOME poster's misunderstanding of them.

Hobo