Driver Training: Out-of-Service Violations

Driver-trainees must learn what vehicle and driver violations are classified as out-of-service (OOS), including the ramifications and penalties for operating when subject to an OOS order as defined in 390.5 of this chapter.

What Will Your Driver Learn in This Unit?

The definition, types and penalties of an Out-of-Service order.

Out-of-service order means a declaration by an authorized enforcement officer of a Federal, State, Canadian, Mexican, or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation is out of service pursuant to 49 CFR 386.72, 392.5, 392.9a, 395.13, or 396.9, or compatible laws, or the North American Standard Out-of-Service Criteria.

A driver who is convicted of violating an out-of-service order shall be subject to a civil penalty of not less than $2,500 for a first conviction and not less than $5,000 for a second or subsequent conviction, in addition to disqualification under 383.51. An employer who is convicted of a violation of an out-of-service order shall be subject to a civil penalty of not less than $2,750 nor more than $25,000.

An out of service violation removes the driver and CMV off the roadway until the violation is corrected.

Vehicle Inspections: Level 1 Brakes

This lesson will demonstrate the out of service criteria on the brakes. You have seen similar material in the past during your vehicle inspection lessons. This time you will see it from the point of view of an fmcsa officer while he performs a level i vehicle inspection on the brakes.

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Vehicle Inspections: Level 1 Excessive Fifth Wheel Slack

This lesson will demonstrate the out of service criteria on the fifth wheel. You have seen similar material in the past during your vehicle inspection lessons. This time you will see it from the point of view of an fmcsa officer while he performs a level i vehicle inspection on the fifth wheel.

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Vehicle Inspections: Level 1 Front Of The Vehicle

This lesson will demonstrate the out of service criteria on the front of vehicle. You have seen similar material in the past during your vehicle inspection lessons. This time you will see it from the point of view of an fmcsa officer while he performs a level i vehicle inspection on the front of the vehicle.

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Vehicle Inspections: Level 1 Inspection Truck

What do they look for during a level 1 inspection?

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Vehicle Inspections: Level 1 Inspectors Overview

This lesson provides an overview to the process that inspectors follow when performing a level i inspection. It's interesting because this training video was not meant for you: the driver. This video was created to train the inspectors. The people that will be inspecting your vehicle for defects.

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Vehicle Inspections: Level 1 Side Of Tractor

This lesson will demonstrate the out of service criteria on the side of tractor. You have seen similar material in the past during your vehicle inspection lessons. This time you will see it from the point of view of an fmcsa officer while he performs a level i vehicle inspection on the side of tractor.

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Vehicle Inspections: Level 1 Trailer

This lesson will demonstrate the out of service criteria on the trailer. You have seen similar material in the past during your vehicle inspection lessons. This time you will see it from the point of view of an fmcsa officer while he performs a level i vehicle inspection on the trailer.

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395.13: Drivers declared out of service.

(a) Authority to declare drivers out of service. Every special agent of the Federal Motor Carrier Safety Administration is authorized to declare a driver out of service and to notify the motor carrier of that declaration, upon finding at the time and place of examination that the driver has violated the out of service criteria as set forth in paragraph (b) of this section.

(b) Out of service criteria.

(1) No driver shall drive after being on duty in excess of the maximum periods permitted by this part.

(2) No driver required to maintain a record of duty status under 395.8 or 395.15 of this part shall fail to have a record of duty status current on the day of examination and for the prior seven consecutive days.

(3) Exception. A driver failing only to have possession of a record of duty status current on the day of examination and the prior day, but has completed records of duty status up to that time (previous 6 days), will be given the opportunity to make the duty status record current.

(c) Responsibilities of motor carriers. (1) No motor carrier shall:

(i) Require or permit a driver who has been declared out of service to operate a commercial motor vehicle until that driver may lawfully do so under the rules in this part.

(ii) Require a driver who has been declared out of service for failure to prepare a record of duty status to operate a commercial motor vehicle until that driver has been off duty for the appropriate number of consecutive hours required by this part and is in compliance with this section. The appropriate consecutive hours off-duty may include sleeper berth time.

(2) A motor carrier shall complete the "Motor Carrier Certification of Action Taken" portion of the form MCS-63 (Driver-Vehicle Examination Report) and deliver the copy of the form either personally or by mail to the Division Administrator or State Director Federal Motor Carrier Safety Administration, at the address specified upon the form within 15 days following the date of examination. If the motor carrier mails the form, delivery is made on the date it is postmarked.

(d) Responsibilities of the driver. (1) No driver who has been declared out of service shall operate a commercial motor vehicle until that driver may lawfully do so under the rules of this part.

(2) No driver who has been declared out of service, for failing to prepare a record of duty status, shall operate a commercial motor vehicle until the driver has been off duty for the appropriate number of consecutive hours required by this part and is in compliance with this section.

(3) A driver to whom a form has been tendered declaring the driver out of service shall within 24 hours thereafter deliver or mail the copy to a person or place designated by motor carrier to receive it.

(4) Section 395.13 does not alter the hazardous materials requirements prescribed in 397.5 pertaining to attendance and surveillance of commercial motor vehicles.

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