Interesting point. Leads me to wonder what the rule actually is. Does anyone have any more to offere regarding the actual reg?
OK because Phil has me on his ignore list, I don't care to answer for his benefit but for others I will. Seeing he is an editor and has a legal staff who looks into speed limiters laws, maybe he could have asked a better question...
But here goes for all of those inquiring minds...
I call my friend over at the MSP CE and she gave me the skinny on what they feel is the proper information. It differs from state to state just a little and every office has his/her way of looking at things. Her main concern is safety, nothing else.
The pre-trip and in fact a post-trip is required. I won't get into Hazmat, because that is clearly spelled out and you don't need to look hard to find it.
Let's start with the log, because your log has to show you
on duty not driving when ever you do an inspection, repair or even be around when repairs and inspection take place, a pre-trip is interpreted as part of that definition of an inspection and must be logged. With all things, it has to be clearly marked "inspection" or "pre-trip".
§395.8 Driver’s record of duty status.
(b) The duty status shall be recorded as follows:
(b)(1) “Off duty” or “OFF.”
(b)(2) “Sleeper berth” or “SB” (only if a sleeper berth used).
(b)(3) “Driving” or “D.”
(b)(4) “On-duty not driving” or “ON.”
Legal Definition;
On duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work.
On-duty time shall include:
.....
(2) All time
inspecting, servicing, or conditioning any commercial motor vehicle at any time;
They cited in the fed regulations on the maintenance of the vehicle and the need for a daily inspection;
§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.
AND This is where it gets the carrier involved with their log audits;
§396.3 Inspection, repair and maintenance (a)
General—Every motor carrier shall systematically inspect, repair, and maintain, or
cause to be
systematically inspected, repaired, and maintained, all motor vehicles subject to its control.
(a)(1)
Parts and accessories shall be in safe and proper operating condition at all times. These include those specified in Part 393 of this subchapter and any additional parts and accessories which may affect safety of operation, including but not limited to, frame and frame assemblies, suspension systems, axles and attaching parts, wheels and rims, and steering systems.
They are clear that the pre-trip/post-trip is a requirement to fulfill this regulation as systematically and for all times.
In addition there is another regulation;
§398.4 Driving of motor vehicles. (a)
Compliance required. Every motor carrier shall comply with the requirements of this part, shall instruct its officers, agents, representatives and drivers with respect thereto, and shall take such measures as are necessary to insure compliance therewith by such persons. All officers, agents, representatives, drivers, and employees of motor carriers directly concerned with the management, maintenance, operation, or driving of motor vehicles, shall comply with and be conversant with the requirements of this part.
......
(f)
Equipment and emergency devices. No motor vehicle shall be driven unless the driver thereof shall have satisfied himself that the following parts, accessories, and emergency devices are in good working order; nor shall any driver fail to use or make use of such parts, accessories, and devices when and as needed:
Service brakes, including trailer brake connections.
Parking (hand) brake.
Steering mechanism.
Lighting devices and reflectors.
Tires.
Horn.
Windshield wiper or wipers.
Rear-vision mirror or mirrors.
Coupling devices.
Fire extinguisher, at least one properly mounted.
Road warning devices, at least one red burning fusee and at least three flares (oil burning pot torches), red electric lanterns, or red emergency reflectors.
That regulation is used to enforce the first above it.
So even if the DOT may not say you have to do a "pre-trip", you better make sure to be able to show you did do an inspection if you get a Equipment Violation.
Moose, the 14 hours start at any change of duty status .. always has.