What Must a Commercial Driver Look for When Conducting a Pre-Trip Inspection?
49 CFR Part 396.11(a)(1) federally mandates that “every motor vehicle carrier shall require its drivers to . . . prepare a report in writing at the completion of each day’s work…” The report, at a minimum, shall (emphasis added) cover the following:
- Service brakes including the trailer brake connections;
- Parking brake;
- Steering mechanism;
- Lighting devises and reflectors;
- Tires;
- Horn;
- Windshield wipers;
- Rear vision mirrors;
- Coupling devices;
- Wheels and rims; and,
- Emergency equipment.
As noted, this is a minimum list of items that are required to be pre-checked before operating a commercial vehicle. There is no option here. This is a federally mandated rule. The report must identify the commercial vehicle (e.g., tag number and/or fleet number), and whether the driver noted any defect or deficiency that would compromise his/her ability to safely operate the commercial vehicle. This allows the company supervisor to make a decision whether the defect and/or deficiency is such that the commercial vehicle must be placed out of service, or whether it can be promptly repaired on the spot. Time is money for these companies.
Then the driver must sign and date the report and turn it in to the company’s compliance officer (or other designated personnel). Typically, the commercial driver turns in the original and keeps a copy for himself/herself. Before operating the commercial vehicle, the driver must be fully satisfied that the commercial vehicle is safe to operate. 49 CFR Part 396.11(a)(4) requires that “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 (3) months from the date the written report was prepared.”
Our firm has litigated hundreds of cases against commercial vehicle companies. We have found that the most commonly violated rule/provision/policy is the pre-trip inspection report. It has become quite common to hear commercial vehicle drivers testify that their pre-trip inspection took anywhere from between ten (10) to fifteen (15) minutes. And ninety-nine percent (99%) of the time, they find no defect or deficiency (defects and/or deficiencies that we, through our highly trained, experienced, and qualified experts normally find throughout the prosecution of the case). Again, time is money for these companies. A thirty (30) to forty-five (45) minute pre-trip inspection is normally not the norm and certainly not encouraged by these companies.
Typically, one thinks of a pre-trip inspection as “one” inspection (i.e., an inspection performed by the commercial driver before he takes off to his pre-designated destination). An area to be seriously considered when prosecuting this type of case is whether and what type of cargo the commercial driver is hauling. 49 CFR Part 392.9(b)(3)(i-iii) requires, among other things, that a commercial driver “reexamine the commercial motor vehicle’s cargo and its load securement devices during the course of transportation and make any necessary adjustment to the cargo or load securement devices [if needed]…” The commercial driver must reexamine and make any necessary adjustments whenever the commercial vehicle has been driven for more than three (3) hours; or the commercial vehicle has been driven for one hundred fifty (150) miles, whichever occurs first.
Therefore, the pre-trip inspection isn’t literally a single “pre-trip” inspection only. It is not a “one time deal.” It’s an ongoing process that the commercial driver must comply with as noted above. We have seen cases where drivers never stop to check their loads, much less make any necessary adjustments in order to be fully satisfied that the load he/she is carrying is safely secured. Tragically, our firm has seen too many people die or catastrophically injured because of drivers that violate 49 CFR Part 392. We have represented mothers, fathers, daughters, sons, and spouses who have lost loved ones because of the callous disregard of commercial drivers that either intentionally or recklessly ignore the federally mandated rules referenced above.
Written by:
Joey G. Gonzalez, Jr.
Watts Guerra LLP
4 Dominion Drive, Bldg 3, Suite 100
San Antonio, Texas 78257
Phone (210) 447-0500
© Watts Guerra LLP 2015
