DVIR clarification please

Discussion in 'Trucking Industry Regulations' started by randomname, Oct 26, 2022.

  1. randomname

    randomname Light Load Member

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    Hello,
    I searched for the fmcsa regs regarding drivers inspections but couldn’t find what I’m looking for. First, my company’s trucks never get more than 20 miles from the yard. So we are not engaged in interstate commerce, correct? The way I read the reg is that we still need to fill out a DVIR even if there are no defects due to us being a local-only position. Is this correct?
    Second, our yard goat is not tagged and we only drive it on our yard( except to cross a busy public road several times a shift! ). Does this vehicle require a DVIR?
    Third, my boss wants us to fill out DVIRs on all the trucks each shift, even the ones we don’t drive. The way the reg reads, our signature on the DVIR reflects the driver performing both a pre and a post trip inspection. So the DVIR would not be accurate if the vehicle was not operated, correct?
    If anyone can link me the appropriate regs I would very much appreciate it.
    Thanks!
     
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  3. zaroba

    zaroba Heavy Load Member

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    Company policy can be stricter than the regulations, so if they want DVIRs, they can require it and fire you for not following company policy. Although filling them out for equipment not used is a bit silly.

    The yard truck not having a plate is an issue though. It doesn't need one as long as it remains on the property. But since you say it crosses a street it should have a plate and needs to follow all the requirements needed for driving a vehicle on the road. There will be issues if an accident happens.
     
    Last edited: Oct 26, 2022
  4. snowwy

    snowwy Road Train Member

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    Any vehicle on city streets must be plated. I'm not sure on private property. Supposedly houses can be harassed if a car is sitting in the driveway with expired plates if they face the street that someone driving by can see the tags. My uncle occasionally has a car in his driveway. Backed in though. Might be a city thing.

    Interstate means across state lines.
    Intrastate is within the state.

    Highway means nothing. I drive the highways all day long. I don't leave the state anymore so I could mark intrastate. But I keep interstate just in case.

    I don't know how drivers can fill out dvir for trucks they don't drive. It's only for the truck you drive. If the truck is parked for the day. Seems silly to fill one out.

    I don't know about everyone else but every company I've worked for. Always has trucks parked. Driver could be off that day. Truck don't have a driver. Or truck is in the shop.

    As mentioned above. Company has the say. Even though it's silly..

    Now. Someone will come along and say I'm wrong about something in this post. But that's been my experience.
     
    Last edited: Oct 26, 2022
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  5. Grumppy

    Grumppy Trucker Forum STAFF Staff Member

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    I agree with others that the yard truck must have plates & insurance & DOT requirements like USDOT numbers etc if it gets on the hwy. It needs to be to the standards & adhere to all the same regs as any other truck "that works local". Driver is required to have a class A cdl if he is pulling a trailer across the hwy etc. Driver is also required to have a current medical card.

    I think one thing the OP asked about that others didn't comment on (if I understood the OPs question) is that, since the truck isnt being used, is filling out a DVIR on a form that is required by FMCSA, legal for a truck that isn't being used.
    I would say its legal, but I've never run across this before.
    The last job I had, I was the only driver. We had one truck, but 7 or 8 trailers. When my supervisor asked me to check all the trailers, I used to just write it on a notebook/tablet & give her the sheet of paper with all the info... either no defects or listed defects. I didnt do it on a book of DVIR sheets or use the DVIR portion in my log book.
    I'm not sure if its "specifically" legal or not but, if its in a book of DVIRs that you normally use..... or, if its on the bottom portions of your log sheets, the company could have a lot of convincing to do if a DOT audit comes up.

    I could understand why he might want trucks not being used to be checked. But, Its probably a little far fetched. I mean if a driver parks a truck today (Monday) & isnt going to use it tomorrow (Tuesday), a check of the truck might catch a flat that went down Monday night, in which he can have fixed before the driver comes back on Wednesday. I can understand that but if its not being used, I wouldnt have someone do a pre or post DVIR on a federal form taht might become an issue down the road.

    And maybe I am wrong. Maybe doing it on a DVIR would be the best way to show an issue & repair during an audit. I dont know.
    I'm not sure if its technically a pre or post trip inspection since the truck aint being used. Its just a "daily inspection report".
     
  6. PaulMinternational

    PaulMinternational Road Train Member

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    Something doesn't sound right here.

    Who is doing a pre trip on the truck not being used?
    If it was to be used does it get a second pre trip by a different driver?
    If I was instructed to do a pre trip on a truck that wasn't going to be moved I would do it providing your paid by the hour but would note on the inspection that your not operating the truck and the time and milage including the 10ths you finished with it.
    Even if the truck is only operated on site your inspection is not valid by any standard for an other operator to drive it.
     
  7. PaulMinternational

    PaulMinternational Road Train Member

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    By the way my understanding is unless there is a special provision/permit/exception in your state for crossing a state or local road that yard truck must be registered, insured, fuel taxes paid, have a dot number and a properly licensed driver to cross public roads.
     
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  8. ZVar

    ZVar Road Train Member

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    Others have answered your other points, but I want to address this one.
    It doesn't matter if the driver leaves the state, it matters if the load does. For example if you are going to a rail yard and picking up containers then you would be interstate as the containers (load) crossed state lines. Now if said containers are unloaded at your warehouse, and they are delivered to local places after reloading in another trailer then it is intrastate as the load will not be crossing state lines at that point. Unless, of course, you do cross state lines in that 20 mi radius.
     
  9. tscottme

    tscottme Road Train Member

    The FMCSA does NOT require a daily vehicle inspection report. The driver is required to inspect any commercial vehicle before drving it on public roads, but you are only required to note the violations. If the vehicle meets all FMCSA equipment requirements, the FMCSA doesn't care if you fill-out and keep the DVIR or not.

    If your yard truck crosses a public road the driver and the truck and trailer need to be roadworthy and legal. Crossing a road is the same to FMCSA as driving through town. One company trying to hire cheap drivers and avoid maintenance got slapped for using non-CDL drivers and vehicles with shocking violations just across a street into the major mfg plant I used to bring parts to. If the vehicle by weight and use on public roads requires a CMV/CDL it doesn't matter if it's n the public road for half an inch or 50 miles.
     
  10. Numb

    Numb Crusty Curmudgeon

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    have every driver ask for the keys to every truck so you can check lights and air pressure tanks, ect.

    might make them think twice?
     
  11. randomname

    randomname Light Load Member

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    thanks for all the responses guys.
    Zvar, our company makes foodstuffs that I then drive 14 miles to our DC. Then it goes all over the US. Would that make our company be engaged in interstate commerce?
    And PaulM, I’m pretty sure we have no permit to cross the 3 lane road that we do several times per shift. Plus I believe it’s red fuel that we get delivered and pumped into the goat. My management kinda just plays dumb on this one.
    Would a yard goat that never left private property need a DVIR though? I’m still gonna do one but I’m just curious.
    The writing in the regs states that a DVIR reflects a pre and a post trip inspection. So it seems we are all fudging it when we fill it out at the beginning of the day?
    Tscott, thank you for the reply. We are all CDL drivers here as we take turns in the goat and the road tractors. But I agree, my company is messing up.
    Thanks
     
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