Annually, tragic accidents involving commercial vehicles occur on our roads and highways, often resulting in loss of life and serious injuries. Upon investigation, it is evident that some of these collisions could have been prevented if drivers had performed thorough pre-trip inspections. An illustrative case is a collision in Wisconsin involving a bus carrying a high school marching band, which collided with a tractor-trailer, resulting in the loss of five lives. The subsequent investigation revealed that the bus had faulty brakes, a condition that would have been discovered through a routine inspection. The ramifications of neglecting pre-trip inspections are evident, highlighting the imperative need to underscore the significance of these inspections in ensuring the safety of all road users and saving lives.

Explaining Pre-Trip Inspections

It’s essential for buses, tractor-trailers, tankers, and other large vehicles to undergo daily maintenance checks due to their size and power, as per federal regulations. These mandatory safety checks, known as pre-trip inspections, are conducted at the beginning of each workday for all commercially regulated vehicles. According to 49 CFR § 396.13, these inspections must include addressing any previously reported defects from the Driver Vehicle Inspection Report (DVIR) of the previous shift, or the post-trip inspection.

The scope of a pre-trip inspection, as outlined in 49 CFR § 392.7(a), covers a range of vehicle components, including:

Drivers must ensure that all of these parts and accessories are in good working order before every shift. Thorough pre-trip inspections can take up to 30 minutes, but an experienced trucker in a hurry might complete a more cursory inspection in half that time. However, if the inspection takes less than five minutes, it is likely not thorough enough to be reliable.

By conducting these inspections daily and ensuring that all necessary components are in working order, drivers can prevent accidents and ensure that they and others on the road arrive safely at their destinations.

Who Is Required to Do Pre-Trip Inspections?

Pre-trip inspections are mandated by the Federal Motor Carrier Safety Regulations (FMCSRs). These regulations apply to all drivers of vehicles meeting specific conditions. If a vehicle weighs 10,001 pounds or more, carries eight or more passengers for hire, transports 15 or more passengers, or is used to transport hazardous material, pre-trip inspections are obligatory.

A common query relates to whether short-haul drivers, such as those operating local FedEx and UPS trucks, are obligated to conduct pre-trip inspections. It’s important to acknowledge that since these trucks are medium-duty box trucks, typically weighing over 10,000 pounds, pre-trip inspections are compulsory for these vehicles as well.

Logging Pre-Trip Inspections

While written records of pre-trip inspections are not legally mandated, there are indirect ways in which these inspections are documented. For example, the time spent on pre-trip inspections can be determined from the data recorded by the Electronic Logging Device (ELD) used by commercial drivers. Additionally, drivers must acknowledge any defects discovered during the previous shift’s post-trip inspection and confirm that they have been addressed during the pre-trip inspection. This acknowledgment serves as an indirect record of pre-trip inspections.

If a driver identifies a defect during the pre-trip inspection, they are not permitted to commence work until the issue has been rectified. In such instances, the driver is responsible for reporting the issue to the carrier’s maintenance department or, if it’s their vehicle, making arrangements for repairs.

Although written records of pre-trip inspections are not obligatory, drivers are required to maintain a written record of their post-trip inspection (DVIR). However, if no defects are detected during the post-trip inspection, a written record is not necessary according to the law. Some safety advocates view this requirement as a potential loophole. If drivers are only mandated to document post-trip inspections when there’s a defect, the inspection records essentially rely on the honor system. Written records of pre-trip inspections are not required by law, but there are indirect ways pre-trip inspections are logged. For instance, the time spent on these inspections can be inferred from the Electronic Logging Device (ELD) used by commercial drivers. Additionally, drivers are required to acknowledge any defects found in the previous shift’s post-trip inspection and confirm that they have been resolved during the pre-trip inspection. This acknowledgment is an indirect record of pre-trip inspections.

However, if a driver discovers a defect during the pre-trip inspection, they cannot begin work until the issue is resolved. In such cases, the driver should report the issue to the carrier’s maintenance department or, if it’s their rig, arrange for repairs themselves.

While pre-trip inspection records aren’t mandated, drivers are required to keep a written record of their post-trip inspection (DVIR). However, the law says if no defects are found during the post-trip inspection, a written record is not necessary. Some safety advocates consider this stipulation a bit of a loophole. If drivers are only required to file post-trip inspections when there’s a defect, then the inspection records are essentially based on the honor system.

Can Drivers Ever Skip the Pre-Trip Inspection?

A driver cannot skip the pre-trip inspection under any circumstances—and why would they? It’s in everyone’s interest to make sure a truck’s basic components are working correctly. When an operator gets behind the wheel of a rig, they’re taking responsibility for the state of the truck.

Drivers risk fines from DOT for driving unsafe vehicles, but more importantly, pre-trip inspections ensure the safety of the operator and other people on the road. There is nothing practical or legal about keeping drivers on the road with a truck that has unsafe defects, as it risks their lives and the lives of others.

So, what happens if a driver skips the pre-trip inspection and gets in an accident?

If a driver neglects the pre-trip inspection and there is an accident, they could be held liable for any damages caused if the cause of the accident was a defect that the driver knew or should have known about. This would be in addition to any liability held by the carrier and their insurance company. While a driver’s actions might make them liable for an accident regardless, a record of neglecting their vehicle would certainly not help their case.

Pre-trip inspections Are the Carrier’s Responsibility.

People who drive a big rig or a tanker face uncountable dangers on the road. The rigors of the road, the unforgiving schedule, and the pay-by-mile wages they live on all put enormous pressure on them to deliver quickly and often. Taking 30 minutes every morning to do a safe, thorough inspection is vital for their (and everyone’s) safety, but it won’t matter what the law says if employers are continuously pressuring truckers to go as far and as fast as possible.

If a trucker gets into an accident because they failed to thoroughly check their rig for serious defects, that’s not just on the driver—it’s on the carrier too.