Fmcsr 396

[Deerehauler]

Our safety director is worried about compliance with FMCSR 396, particularly with the paperwork requirements. I have read the JJ Keller Inspection and Maintenance Special Report (June 2009, vol 35, No. 6) and don't feel any smarter than before. In 396.11, the driver is supposed to turn in a report daily for each vehicle operated (Daily Vehicle Inspection Report). They show two examples in the book, one of which is a pretty detailed list with boxes for pre-trip, post-trip, and items needing repair. The other example is a form I have seen on the back of log book pages, where the driver either checks that the vehicle is OK or that there are defects requiring attention, which the driver must then list.

To further complicate the issue, I rarely get over 150 miles from home so I am exempt from using a log book. We do annual inspections on all our trucks and trailers and keep these on file.

What forms do you guys use (or intend to use) to comply with this rule?

 

[stock]

(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:

—Service brakes including trailer brake connections

—Parking (hand) brake

—Steering mechanism

—Lighting devices and reflectors

—Tires

—Horn

—Windshield wipers

—Rear vision mirrors

—Coupling devices

—Wheels and rims

—Emergency equipment

(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. If no defect or deficiency is discovered by or reported to the driver, the report shall so indicate. In all instances, the driver shall sign the report. On two-driver operations, only one driver needs to sign the driver vehicle inspection report, provided both drivers agree as to the defects or deficiencies identified. If a driver operates more than one vehicle during the day, a report shall be prepared for each vehicle operated.

(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.

(c) (2) Every motor carrier shall maintain the original driver vehicle inspection report, the certification of repairs, and the certification of the driver’s review for three months from the date the written report was prepared.

(d) Exceptions. The rules in this section shall not apply to a private motor carrier of passengers (nonbusiness), a driveaway-towaway operation, or any motor carrier operating only one commercial motor vehicle.




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.


Have a look here and modify one of these to full fill your needs.http://safety.cat.com/cda/layout?m=133363&x=7



http://www.fmcsa.dot.gov/rules-regu...r/fmcsrruletext.asp?chunkkey=09016334800232b6

All that is shown here is a page with DVIR typed on it ,my advice would be to keep it simple and to ensure compliance include a time sheet and fuel record on the same sheet where one signature covers all ,as the onus is on you to ensure that these records are used and kept, any resistance by the drivers completing them can be overcome with the included time sheet ,also it make it easier in the office less paperwork .



Stock

 

[Steve Frazier]

When I was hauling, the company I worked for had little booklets sold by JJ Keller. They were about the same size as the log book and I think were titled "Vehicle Inspection Report". They were kept in the truck and the forms were in triplicate, one for office file, one for mechanic and one remains in the book in the truck. The way it worked was you wrote up any deficiencies with the truck when you finished your trip, or if all was well, stated so on the report. If there was a problem, the truck couldn't be used again until a mechanic either repaired the problem or signed off that the truck was safe to operate without repair.

 

[Steve Frazier]

I forgot to mention, you can get these from JJ Keller direct from their website, or find them at most truck stops.

 

[Orchard Ex]

I use the Keller DVIR book like Steve mentioned. They also have a logbook for use under the 150 air mile rule.

 

[Deerehauler]

We do all our payroll timekeeping on computers in the shop. I think I will check into the Keller DVIR book--that sounds like it would best fit our needs.


Thanks for all replies!

 

[Safety Mgmt.]

It is very simple to be in compliance with the driver's daily vehicle inspection sheets. All the above are all within regulation. Remember the 396.11 states the written report will be done at the end of the work period. Do not do the written report at the beginning of the work period, (during your per-trip insp). The reports are kept with each driver's time reporting or log book sheets for 90 days then can be discarded. If your DVIR has AM and PM in the top right corner, it is about a $200 ticket (in a compliance review) for every driver, everyday worked that he/she marks AM say, 7:00AM and the work period ends at 4:30PM. Another thing drivers if you have the form with all the check boxes DO NOT mark lines down through the boxes daily. The boxes are to be only checked off to help a mechanic know what is in need of repair. If you mark a line through all the boxes and you do not have tarps or tire chains again, those two in a compliance review would be at least $200 each for $400 per driver, per day for all days driven in the 90 day period. We can help with your compliance way ahead of getting in to all these ticketable offenses. Remember as I've said in other answers to be in compliance is just as easy as being out of compliance without you loosing your shirt to fines and tickets in violations.

 

[nedly05]

Man they like to make it complicated don't they! I get so twisted up trying to read the rule book that I have to set it down and think about what I just read! It's a very time consuming process!