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Originally Posted by Myth_Buster
That means as soon as the driver stops and he/she is no longer driving the location must be flagged with the city/state. If a driver is no longer driving, i.e. stopping for fuel, to take a break, etc. they are either off-duty, in the sleeper berth, or on-duty not driving.
Your point?
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Both sections state the vehicle shall not be driven or driving why doesn?t Part 392 deal with pre-trip? The sections compliment one another, Part 396 addresses inspecting the vehicle before it is operated Part 392 addresses at any time.
?396.13 Driver inspection.
Before driving a motor vehicle, the driver shall:
(a) Be satisfied that the motor vehicle is in safe operating condition;
(b) Review the last driver vehicle inspection report; and
(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.
?396.13 specifically deals with the log book requirements, while 396 does not.
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Sorry but drivers have been prosecuted for issues regarding vehicle condition. Regardless of how you want to phrase it if a driver violates Part 396.7 can be prosecuted:
Cite one case where the driver was prosecuted for defects to the equipment, and where it was not a prosecution for the RESULTS of defective equipment.
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But if a driver has failed to log all stops then the driver is in violation per 395.8 and if the driver has not performed the necessary inspections in-accordance-with Part 392 and is operating a vehicle in violation of Part 396.7 the driver can be prosecuted.
Nope. You just don't get it.
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Again I disagree; vehicle condition is a driver?s responsibility. Vehicle condition is tied to maintenance. If a driver operates an unsafe vehicle and kills someone the charge can be changed from manslaughter to 2nd degree murder. Doubt that, look at the driver who had brakes out of adjustment and killed some passengers in a bus on I-90 near Hampshire.
I read that entire article, and saw NOWHERE where the driver was even charged with anything. In fact, I read several other articles related to that crash, and it said the driver had a clean record, and was not charged.
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Did they change the spelling of expert? Seems to me I said I was knowledgeable of the regulations.
I disagree with that assesment, as I think others here do also.
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Besides where are your credentials?
I'm not the one passing myself off as the expert.
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This is the Internet and an open forum, people can make a judgement call based on the facts presented and the attached information. I'm under no obligation to reveal my indentity.
Then stop pretending to be John Q.
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In reality the topic never hit the true question:
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Is it necessarily to log pre trip inspection before truck starts moving If I plan to fuel two hrs down the road, can I mark PTI with fueling, instead of showing PTI at the beginning of the day? It would save me 15 minutes, since my company allows us to combine fueling and pretrip in one 15 min mark.
Part 395 has no requirements to identify ?PTI?:
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?395.8 Driver's Record of Duty Status
Question 23: When the driver's duty status changes, do ?395.8(c) or 395.8(h)(5) require a description of on-duty not driving activities ("fueling," "pre-trip," "loading," "unloading,", etc.) in the remarks section in addition to the name of the nearest city, town or village followed by the State abbreviation?
Guidance: No. Many motor carriers require drivers to identify work performed during a change of duty status. Part 395 neither requires nor prohibits this practice.
Yes, but part 396.13 does have to do with pre and post trip inspections, which is why it was quoted. In fact, I never quoted part 395 in the entire discussion, so I have no idea where you are pulling this out of.
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The driver does not have to list ?PTI.? The regulations have no requirement to log the inspection,
Yes they do, if their company requires it.
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You used to have to Log Tire Checks while hauling HazMat every 2 hours but I believe they got rid of that a few years ago.
The Feds determined that a truck stopping every couple of Hours to do a Tire Check while hauling hazmat was opening another opportunity for Terrorists to hijack the load.
They did. However, it was added into cargo securement under Part 397:
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? 392.9 Inspection of cargo, cargo securement devices and systems.
Are you just making this stuff up as you go along? Why would you state that something was added to part 397, and then quote part 392.9?