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Operational Policy 5 - Raised Lift Axles

Entry DateSeptember 2, 2021
Issue Number21-044-VEH
NameBrad Gibson
AgencyTexas Department of Public Safety
Address6200 Guadalupe St.Bldg. PAustin, Texas, 78752United StatesMap It (opens in a new tab)
Phone(512) 424-2051
Email[email protected]
CommitteeVehicle Committee
StatusClosed
Summary of Issue

According to current CVSA Operational Policies, if an inspector conducts an inspection on a commercial motor vehicle with an axle in a lifted position that has 1.) a non-manufactured hole or crack in the spring brake housing section of a parking brake, and/or 2.) an improperly seated lock or side ring, the inspector is directed to record the defect(s) in the notes section of the inspection report and allow the commercial motor vehicle to continue.

Justification or Need

Multiple jurisdictions find these two conditions to be so imminently hazardous to human life that they have adopted policies directing their inspectors to immediately stop the inspection and place the vehicle OOS in accordance with the OOSC and current CVSA Operational Policies. However, according to current CVSA Operational Policies, if an inspector encounters either of these conditions on a lifted axle, these conditions aren't even considered to be violations, and therefore the inspector is unable to place the commercial motor vehicle OOS.

Request for Action

Update the current CVSA Operational Policies to address these two conditions, when found on a lifted axle, to align with the necessity for all enforcement personnel to implement and adhere to standards that are 1.) a matter of law, 2.) perceived as necessary by the society we are charged with protecting, and 3.) a professional obligation if substantial enhancement in the safe operation of commercial motor vehicles is to be achieved.