no federal statute or regulation which dictates the manner in which the postal service is required to oversee its contractors were assured that its contractors comply with federal regulations or provisions yet i would point to you must inspect your vehicles daily and there's a checklist in there and it goes through a list among them the tires the same ones that were hauled here with no treads and caused an accident that left catastrophic post on the postal service when they are loading up the trucks now it imposes the obligation on the contractor to inspect their vehicles they must also by the postal service also has an submit it to the drivers and say hey look you i'm flying you for this you here because these laws the public laws are public regulations well you're our judge johnson my my understanding and my reading is that this is part of the regulatory duty that the postal service must comply with yes the contractor does have an obligation to inspect but the postal service is responsibility is in addition and that's my that's our reading this is our understanding that this  goes to the part of the postal employee this is an eyeball inspection when there are loading up there eighteen wheelers with the cargo go and hear the tires the grates the seat belts you must inspect those vehicles daily in our our reading is that this applies to the postal service discovery how this is going to be conducted carefully so you seem to be saying the postal service cannot do what they did here and in effect hire an independent contractor and by so doing really delegating its authority to pick up the mail carrier mail that they just they just can't do that even if they do that they have to nevertheless conduct these daily inspections and selves even though they've included contractual and to actual visions of say the independent contractor to do that they have to do it to yes well in the contract there  the contract with the independent contractor with equal there are provisions there that indicate you have to have separate additional trailers and additional equipment in the event that when we inspect that's not what we're seeing what we're saying is these are the standards that you must comply it's in your contract and it's in this regulation and our course in this case was give me some jurisdiction your argument that if you look granted discovery you would be able to determine if it was still in congress the which the postal service has adapted for itself is to do these inspections because you haven't found anything in the law or the rigs that's what i am what i am arguing and what i'm requesting is given what we found in here in the how we contract regulation there we should have been given discovery to see the mechanics of how this works of what the postal service is supposed to do russian well judge then that goes back to page two hundred and four in the appendix that it says you must inspect daily and in this i mean these are daily inspections that have to be court my name is michael weaver and i'm representing the united states i want to start by addressing this section forty three vehicle inspection ends that my colleagues my friend started with the post office manner in this case it is not a postal service vehicle delivering because we delegated the responsibility of delivery to contractor and the responsibility of safety to the contractor so you delegated your duty your honor i'm saying yes yes we have if it was the postal service vehicle making deliveries we would have an obligation to do that in a safe manner and we could close this that airlines be inspected the supreme court held that it was a valid delegation to say that the airline had to do the inspection rather than the f a a itself because the f a a was still ensuring that that inspection took place they were just  your vehicle daily and thompson is correct that that that is targeted at i think plainly the contractor who owns and drives these vehicles which is why it says your vehicle i would west and that the actual obligation that the contractor has is this forty three says to inspect and test the vehicle in accordance with the partner transportation requirements and to meet the postal service's inspection requirements which discretion the st question they have is about the meaning of the term sparring which they believe may be a way to do inspections but in fact spotting is not a way to do inspections and refers to surrendering  internet search for that would reveal the definition including in several other government documents that explicit we define what that mean similarly the manual all standard operating procedures for inspection by law enforcement officers and