Federal regulations on flagging of load checks?

Discussion in 'Flatbed Trucking Forum' started by trentonsafety, Mar 25, 2014.

  1. trentonsafety

    trentonsafety Bobtail Member

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    I have searched all through 393.100-393.106 and could not find where it states that you must flag a load check. Is this more of a company requirement as opposed to a federal requirement? I have personally always flagged my load checks but now I am in more of a safety role and I have drivers arguing that they do not have to flag load checks, so I tried to look it up and came up empty handed. I know as a company, we are required to make sure that our drivers are doing them and unless they flag that they have done them, there is no way of knowing they actually done them. We pretty much rely on the integrity of the driver to do the right thing. Thanks for any help in this matter.
     
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  3. snowwy

    snowwy Road Train Member

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    dot doesn't look for flag checks. i never use em.
     
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  4. trentonsafety

    trentonsafety Bobtail Member

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    How does your company know you are doing them?
     
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  5. Vovanchik

    Vovanchik Bobtail Member

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    I do not think DOT actually checks that
     
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  6. CondoCruiser

    CondoCruiser The Legend

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    Now that was said, the 50 mile, 150 mile/3hour cargo securement check is not covered in the regulations but in the Cargo Securement Manual section 2.3.2 is why you see it in driver's manuals.
    http://www.fmcsa.dot.gov/safety-security/safety-initiatives/cargo/cs-manual-chap2.htm

    I have never seen an auditor or inspector complain about not having a flag. The driver is responsible for having the truck loaded properly before beginning the trip and all points in between so complaining about you should of checked it at a certain time is redundant. You are on the clock either way. You get a fine for not properly loaded at the time of inspection. You don't get fined for properly loaded but you didn't flag a couple minutes.

    Most loads are sealed today or loaded to the doors and roof where you can't inspect. Opening the doors can be dangerous so them loads are exempt anyways.

    No one will get in trouble over this gray area as far as logging. They might see you as over zealous. Drivers usually check their tires most times they stop. I would be more concerned they do keep their equipment in good order however they choose and make sure the load is properly loaded and secured before they leave the shipper. If those conditions are met they won't have a problem with the load en route. It's kind of hard to fix things after you messed up and are down the road. Grant it flatbedders have to tighter their straps repeatedly but that's more of a settlement issue van drivers don't deal with. Do they log it? No, because all it boils down to is it right when you get inspected.
     
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  7. CondoCruiser

    CondoCruiser The Legend

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    I didn't realize I was in the flatbed forum until after I posted but it all still applies. :) Flatbedders should be able to look in the mirror and see their load. :)
     
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  8. trentonsafety

    trentonsafety Bobtail Member

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    I appreciate that condo cruiser, I should have made it clear that we are flatbedders here. My question wasn't with changing a duty status, I know you don't have to do that but rather flagging the actual load check. FMCSR 392.9 (a) A driver may not operate a commercial motor vehicle and a motor carrier may not require or permit a driver to operate a commercial motor vehicle unless- and then jump down to (b) (3) Reexamine the commercial vehicles cargo and it's load securement devices during the course of transportation and make any necessary adjustment to the cargo or load securement devices, including adding more securement devices, to ensure that cargo cannot shift on or within, or fall from the commercial motor vehicle. Reexamination and any necessary adjustments must be made whenever- (i) The driver makes a change of his/her duty status (ii) The commercial motor vehicle has been driven for 3 hours ; or (iii) The commercial motor vehicle has been driven for 150 miles, whichever occurs first. I guess my question comes from the motor carriers perspective. How are we as the motor carrier expected to know for a 100% certainty that our drivers are doing what they are supposed to do?
     
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  9. CondoCruiser

    CondoCruiser The Legend

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    You have a point and I guess a driver can get written up for it but it's not a common occurrence. I was looking for that regulation but missed it. :)

    It would be hard to prove is why I'd say they are not tough on that rule. A driver could always say I looked at while fueling and it looked fine or it took less than 7 minutes so a change in duty status was not recordable.

    As in that 395.8 interpretation above...

    May be means you can but you don't have to. Now if a driver has to spend 8 minutes or more by all means he should record it. In the real world it might be one of them little tricks to shave time.

    I understand you are trying to cover your end but I along with several members here have been through many audits and that was never brought up. As far as everyone is concerned it only takes a couple minutes and a flag is not mandatory. Drivers live in 15 minute increments rounded off.
     
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  10. fortycalglock

    fortycalglock Road Train Member

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    Do you think a line drawn on a log means they actually did it? You hire quality drivers that do their job properly. The more you micromanage experienced drivers, the more turnover and lower hiring standards you'll have, which will lead to a decrease in safety.
     
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  11. trentonsafety

    trentonsafety Bobtail Member

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    Not trying to micro manage brother, just trying to cover our rears. Lol, no I am not that stupid to believe that a line means they actually done it.
     
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