Federal Register. Inspection, Repair, and Maintenance; Driver- Vehicle Inspection Report (DVIR)Start Preamble. AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Final rule. SUMMARY: FMCSA rescinds the requirement that commercial motor vehicle (CMV) drivers operating in interstate commerce, except drivers of passenger- carrying CMVs, submit, and motor carriers retain, DVIRs when the driver has neither found nor been made aware of any vehicle defects or deficiencies. This rule also harmonizes the pre- and post- trip inspection lists.
Annual vehicle inspection report vehicle components inspected ok needs repaired needs repaired needs repaired.
It responds in part to the President's January 2. Regulatory Review and Reform initiative, removing a significant information collection burden without adversely impacting safety.
The Agency also makes a technical change to . Mike Huntley, Vehicle and Roadside Operations Division, Office of Bus and Truck Standards and Operations, Federal Motor Carrier Safety Administration, telephone: 2. End Further Info. End Preamble. Start Supplemental Information.
Driver’s vehicle inspection report beginning mileage . Driver’s Vehicle Inspection Report Check Any Defective Item and Give Details Under “REMARKS. NSC DAILY VEHICLE TRIP INSPECTION. Daily vehicle trip inspection is a continuous process designed to protect drivers. Carriers shall retain the original copy of each vehicle inspection report and certification of.
SUPPLEMENTARY INFORMATION: Executive Summary of the Benefits and Costs. This rule affects all motor carriers currently subject to 4. CFR 3. 96. 1. 1, both private and for- hire, with the exception of operators of passenger- carrying CMVs. Current safety regulations require drivers employed by motor carriers to prepare a written report at the completion of each day's work, on each vehicle operated, that lists 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. This report must be submitted to the employing Start Printed Page 7.
Regulations now require drivers to file the DVIR at the end of each tour of duty, even if there are no vehicle defects to report. The rule eliminates the need to file a no- defect DVIR, except for operations involving passenger- carrying CMVs. The no- defect DVIR imposes a substantial time and paperwork burden on the trucking industry, with no discernible safety benefit. The Agency estimates that non- passenger- carrying CMV drivers spend approximately 4. DVIRs, time which could be dedicated to other purposes. FMCSA estimates that the monetized value of this time is currently $1. Table 1—Summary of the Monetized Benefits, Costs and Net Benefits of the Rule Annual.
Years, 7 percent. Years, 3 percent. Monetized Benefits. Costs. 00. 0Net Benefits.
Driver’s Daily Vehicle Inspection Report As required by the Federal Motor Carrier Safety Regulations for Commercial Drivers Location: DAILY VEHICLE INSPECTION REPORT “POST-TRIP” REPORT Upon completing the work day, drivers are required by 49 CFR 396.11 to list any defect or deficiency reported by others or discovered by them for any vehicle they operated. Daily Vehicle Checklist Week of: . Inspection and License Plate Stickers. Vehicle Inspection, Repair, and Maintenance. Driver Vehicle Inspection Report. The driver of a CMV shall inspect daily each CMV the driver has operated.
Billion. Background. Presidential Executive Order (E. O.) 1. 35. 63, “Improving Regulation and Regulatory Review” (issued January 1. January 2. 1 at 7. FR 3. 82. 1), prompted DOT to publish a notice in the Federal Register (7. FR 8. 94. 0, February 1.
This notice requested comments on a plan for reviewing existing rules, as well as identification of existing rules that DOT should review because they may be outmoded, ineffective, insufficient, or excessively burdensome. DOT placed all retrospective regulatory review comments, including a transcript of a March 1.
DOT- OST- 2. 01. 1- 0. DOT received comments from 1. FMCSA received one comment from the American Trucking Associations, Inc. Although FMCSA agrees that there is some duplication, the Agency did not believe that it resulted in unnecessary actions or an information collection burden.
However, FMCSA did discover a related information collection burden that it considers unnecessary and removes in this final rule. It has always been the responsibility of a CMV driver to report vehicle defects. In 1. 93. 9, the Interstate Commerce Commission (ICC) issued regulations requiring every driver to submit a written report on the condition of the vehicle at the end of each day's work or tour of duty. At a minimum, the report had to include information about any vehicle defect or deficiency the driver discovered that would likely affect the safety of operation of that vehicle (4 FR 2. June 7, 1. 93. 9). The ICC recommended, but did not require, that motor carriers use a `Driver's Trip Report,' and it provided a sample report format in its 1.
The sample report format included the driver's name, vehicle number, date, a list of 2. This report is now called a DVIR, but the current rule does not include a sample report form. The requirements to prepare, submit, and retain a no- defect DVIR have been in the safety regulations since 1. FR 4. 42. 2, 4. 45. May 1. 5, 1. 95. 2). In a separate report (5.
M. C. C. 3. 37, at 3. April 1. 4, 1. 95. ICC explained that it was revising its rule to improve motor carriers' inspection and maintenance procedures and recordkeeping. The ICC noted that the most substantial recordkeeping change proposed and adopted was for the driver to complete the vehicle condition report or trip ticket at the end of the day's work or tour of duty whether or not any defect or deficiency in the equipment is discovered, “. FMCSA's 2. 00. 8 rule included a new code section—4.
CFR 3. 90. 4. 2—which prescribed the responsibilities of drivers and motor carriers when operating IME. Section 3. 90. 4.
IME parts and accessories at the time the equipment is returned to the IEP. Importantly, FMCSA did not propose any changes to .
OCEMA and IICL requested that FMCSA delete the sentence “if no damage, defects, or deficiencies are discovered by the driver, the report shall so indicate.”The petitioners presented four arguments supporting their request: 1. Section 4. 11. 8 of SAFETEA- LU requires DVIRs only for known damage or defects. Congress could have added a requirement to file no- defect DVIRs but did not do so. There is significant risk that a large volume of no- defect DVIRs could overwhelm the small proportion (4 percent) of DVIRs that report damage or defects. Start Printed Page 7.
Data transmission, processing, and storage requirements for no- defect DVIRs could add significant unnecessary costs to intermodal operations without providing offsetting benefits. Submission of no- defect DVIRs contributes to driver productivity losses in the form of congestion and delay at intermodal facilities. On June 1. 2, 2. 01. FR 3. 48. 46), the Agency published a final rule eliminating the requirement for drivers operating IME to submit—and IEPs to retain—DVIRs when the driver has neither found nor been made aware of any defects in the IME.
The Agency now extends this relief from the paperwork requirement to all interstate motor carriers subject to Part 3. Federal Motor Carrier Safety Regulations (FMCSRs), except operators of passenger- carrying CMVs. FMCSA emphasizes that the Agency is not foregoing the fundamental requirements of Part 3. Parts and Accessories Necessary for Safe Operation.
Nor is it making any changes to any other element of the inspection, repair, and maintenance requirements of Part 3. Drivers will still be required to perform pre- trip evaluations of equipment condition, and complete DVIRs if any defects or deficiencies are discovered or reported during the day's operations. Motor carriers will still be required to have systematic inspection, repair, and maintenance programs (including preventative maintenance) and maintain records to prove measures are being taken to reduce to the extent practicable, the risk of mechanical problems happening while the vehicle is in operation. In addition, motor carriers will still be required to review driver vehicle inspections that list defects or deficiencies and take appropriate action before the vehicle is dispatched again. The Agency will retain the requirement for carriers to complete periodic or annual inspections, and maintain documentation for the individuals who perform periodic inspections and individuals responsible for performing brake- related inspection, repair, and maintenance tasks.
Furthermore, these CMVs will continue to be subject to roadside inspections. In short, the existing regulations place shared responsibility on drivers and motor carriers to ensure that CMVs used in interstate commerce are in safe and proper operating condition. This final rule does not change a driver's obligation to report on the condition of the CMVs and to report to the motor carrier any defects or deficiencies that could affect the safety of its operation.
Legal Basis for the Rulemaking. This rule is based on the authority of the Motor Carrier Act of 1. Act) . Section 3. Secretary to publish regulations on CMV safety. Specifically, the Act requires the Secretary to prescribe minimum safety standards to ensure that: (1) CMVs are maintained, equipped, loaded, and operated safely (4. U. S. C. 3. 11. 36(a)(1)); (2) the responsibilities imposed on operators of CMVs do not impair their ability to operate the vehicles safely (4. U. S. C. 3. 11. 36(a)(2)); (3) the physical condition of CMV operators is adequate to enable them to operate the vehicles safely (4.
U. S. C. 3. 11. 36(a)(3)); and (4) the operation of CMVs does not have a deleterious effect on the physical condition of the operators (4. U. S. C. Section 3. Moving Ahead for Progress in the 2. Century Act (MAP- 2. July 6, 2. 01. 2. The 1. 98. 4 Act also grants the Secretary broad power in carrying out motor carrier safety statutes and regulations to “prescribe recordkeeping and reporting requirements” and to “perform other acts the Secretary considers appropriate” (4. U. S. C. 3. 11. 33(a)(8) and (1.
This rule implements, in part, the Administrator's authority under section 3. CMVs are maintained, equipped, loaded, and operated safely.
The final rule is also based on the broad recordkeeping and implementation authority of section 3. This rule addresses only CMV equipment and reporting requirements. The provisions of the 1. Act dealing with the physical condition of drivers therefore do not apply (section 3.