N.Y. Comp. Codes R. & Regs. tit. 17 § 721.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 721.2 - Maintenance/driver documentation

(a) Maintenance interval certification. Each operator shall certify in writing to the department as to the time or mileage intervals when company examinations and preventative maintenance will be performed.

(1) Such certification shall be submitted in writing to the appropriate Regional Bus Inspection Program supervisor and shall list the maximum maintenance cycle established for each particular vehicle type that the operator owns or leases. The maximum maintenance cycle may be expressed in terms of vehicle miles, engine hours or days between maintenance intervals. The carrier shall not exceed the established maximum maintenance interval(s).

(2) The maximum established maintenance interval(s) shall be determined based on sound preventive maintenance principles that consider current operating conditions, previous maintenance experiences, including component failure history and the final vehicle manufacturer's recommended service intervals. Maintenance intervals shall not exceed the mileage, engine hours or time period limit(s) recommended by the final vehicle manufacturer.

(3) In the event an operator decides to modify the maintenance interval, an updated certification shall be filed with the regional bus inspection supervisor prior to the implementation of the revised cycle.

(b) Driver pre-trip inspection and post-trip review reports. The operator of more than one vehicle shall require each on duty driver to complete and sign a driver vehicle inspection report at the beginning and end of the day's work or tour of duty, as well as any time the vehicle undergoes mechanical service during the day without passengers on board.

(1) The pre-trip inspection at least shall examine the following items: service brakes, parking brake, steering mechanism, lighting devices and reflectors, horn, windshield wipers, mirrors, tires, wheels and rims, and emergency equipment and exits. The post-trip review shall note any additional mechanical or safety defects not listed on the pre-trip inspection report that the driver becomes aware prior to the end of the tour of duty.

(2) Such driver reports shall list the vehicle identification number, starting and ending mileage, date, driver's signature, and any identified vehicle defects or roadside vehicle failures. If no defects or failures are noted, the report shall indicate this fact. Each day's driver pre-trip inspection and post-trip review reports may be contained on a single form, if desired by the operator, or combined with a carriers mechanical defect form, as long as it is clear what defects were discovered by the driver and when.

(3) Such driver reports shall be carefully examined by the operator. The operator shall ensure that any safety defects noted therein shall be corrected before the vehicle is used in service, including all defects that do not meet the out-of-service requirements contained in section 720.11 of this Title.

(4) The operator or designated mechanic shall certify by signing a form that notes all defects listed in the driver reports have been repaired that could affect the safe operation of the vehicle, prior to the vehicle again carrying passengers.

(5) The operator shall adopt and implement a procedure(s) to ensure that its drivers have reviewed a legible copy of the previous driver vehicle inspection report (DVIR) and such drivers are made aware in writing, prior to dispatch, that potential safety defect(s) noted on the previous DVIR have been properly addressed by the operator and the vehicle is safe for dispatch. Authorized department representatives shall only approve operator's procedure(s) that satisfactorily meet this objective.

(6) Such driver reports shall be filed by vehicle number and in chronological order within each vehicle folder. The operator shall maintain these reports for at least the most recent six months.

(7) Such driver reports shall be available for examination by a motor vehicle inspector or other authorized representative of the department at any time.

(c) En route driver relief. When a driver is relieved while en route and passengers remain onboard the vehicle, the new driver shall be provided with information of any potential safety defect(s) identified by the driver being relieved. Whenever possible, this information shall be passed on to the new driver via direct communication with the driver being relieved.

(d) Operator maintenance examination. An itemized record of each periodic maintenance examination, showing the date, vehicle number, mileage, lubrication record, adjustments and repairs, having been signed by the operator or the designated mechanic, shall be retained by the operator for at least two years. In addition, an itemized record of any repair(s) or adjustment(s) performed on the vehicle other than those performed at the time of the periodic maintenance examination, shall be maintained by the operator for at least two years. These records shall be kept within an appropriate vehicle folder and shall be available for examination by a motor vehicle inspector or other authorized representative of the department at any time. NYSDOT vehicle inspection reports (Form MC300) issued to the operator by the department shall become part of this vehicle maintenance file and shall be retained by the operator for at least two years.

(e) Scheduled NYS DOT safety inspection. The operator of a motor vehicle scheduled for department inspection shall present its vehicle maintenance and driver file/records at the time of inspection. Such records and reports shall be for the time period from the last departmental inspection of that vehicle to and including the current date.

(f) Driver 19-A and B affidavit of compliance. The operator shall provide a copy of its annual NYS Department of Motor Vehicles, article 19-A and/or article 19-B of Vehicle and Traffic Law affidavit of compliance(s) to department inspectors or other authorized representatives upon request to facilitate an accident investigation, compliance review or regulatory proceeding.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 721.2