Operational Policy 5 - Hidden Parts

Hidden Parts and issuance of CVSA decal when brakes are not measured.

I am a member of the FMCSA National Training Center, Training Review and Update Committee (TRUC). During the most recent instructor recertification classes conducted in January and February 2013, discussions were held on what is covered by "Hidden Parts" contained in CVSA Operational Policy 5. This item appears to be wide open to interpretation as to what "Hidden Parts" addresses. Some feel it is: 1. limited to manufacturer items such as dust covers and hose protectors; 2. others feel it includes aftermarket items added by the driver or carrier; 3. many feel that it includes not being able to access certain axles of the vehicle due to manufacturer design (ground effects or low frame members) or even the inspectors physical condition. Many are using the above reasons, particularly number 3, to not measure all brakes that are contacting the roadway at the time of inspection. This led to the discussion of issuing a CVSA decal, considering the fact that two brakes that are not measured, could be the two that would place the vehicle OOS or possibly be inoperative. The other issue is that 396.23 of the FMCSRs allows a Level 1 or 5 inspection to be counted as the equivalent of a periodic inspection, we already allow a decal to be issued even when a raised lift axle's brakes are not measured, if we allow even fewer brakes to be measured we are certainly not meeting the periodic inspection requirements. If a CVSA decal is not issued when all brakes are not measured, then the inspector would not give credit for a periodic inspection and even if a copy of the inspection is provided, it would indicate that all brakes were not measured and again credit for a periodic inspection would not be given. There was nearly an even divide among the instructors as to when a decal should be issued in these instances, with some even admitting to "eyeballing" push rod travel when they could not get under an axle, because they could tell the difference between 1" travel and 2 1/2" travel.

1. Clarify "Hidden Parts" in CVSA Operational Policy 5. Manufacturer part? Aftermarket part? Inspector's physical condition? All of the above? 2. Provide guidance on the issuing of a CVSA decal when all brakes contacting the roadway at time of inspection are not measured. Are there circumstances when this is acceptable, if so is decal still issued? If this is allowed and decal is still issued, where is the line drawn, 1 axle not measured, 2 axles not measured, 3 axles not measured......?