Operational Policy 5 - Voluntary Inspections
| Entry Date | March 29, 2024 |
|---|---|
| Issue Number | 24-022-PRA |
| Name | Josh Clements |
| Agency | California Highway Patrol |
| Address | 601 N. 7th StreetSacramento, CA, 95811United StatesMap It (opens in a new tab) |
| Phone | 9168433400 |
| [email protected] | |
| Committee | Policy and Regulatory Affairs Committee |
| Status | Closed |
| Summary of Issue | Operational Policy 5, Inspection/CVSA Decal, does not contain direction related to driver/motor carrier requests for North American Standard (NAS) inspections. |
| Justification or Need | Granting requests for voluntary inspections creates a potential for conflict of interests. Driver/motor carrier requested inspections divert an inspector’s attention away from: 1. Removing potentially unsafe drivers and dangerous vehicles from highways. 2. Enforcing the provisions of the Federal Motor Carrier Safety Regulations (FMCSR), transportation of hazardous materials/dangerous goods (HM/DG) regulations, the Canadian National Safety Code, Mexican federal safety regulations, and compatible state and provincial rules. With the advent of the Federal Motor Carrier Safety Administration’s Compliance, Safety, Accountability program, there is incentive to present “clean” vehicles for inspection to reduce the impact of other inspections containing violations within the Safety Measurement System. Allowing voluntary requests for inspections results in distorted data, hinders efforts to improve safety, and masks deficient drivers and motor carriers from punitive action. This manipulation serves to “launder” NAS inspections. The Commercial Vehicle Safety Alliance handout, Understanding the North American Standard Inspection Program, contains a concise statement which clearly states inspectors are not to inspect vehicles by request. To ensure compliance by all jurisdictions this language needs to be incorporated into Operational Policy 5. |
| Request for Action | Operational Policy 5, should be revised to state the following: “It shall be the policy of the CVSA to not inspect vehicles by request. The North American Standard Inspection Program is not a periodic inspection program or a preventative maintenance program for motor carriers and drivers. NOTE: This provision does not prohibit conducting jurisdictionally mandated inspections.” |