For truck drivers, a driver or vehicle out-of-service (OOS) order is more than just an inconvenience—it halts operations and can impact job performance and earnings. Knowing exactly what to do can help drivers navigate the situation smoothly and get back on the road faster. Here’s a guide on how to handle driver and vehicle OOS orders:
1. Understand the Out-of-Service Order (OOSO)
Any certified enforcement agent or authorized personnel of the Federal Motor Carrier Safety Administration may order a driver or commercial motor vehicle (CMV) out of service for violating safety regulations and standards when the violation poses an imminent hazard. Federal Regulations and the Commercial Vehicle Safety Alliance’s (CVSA) North American Standard Out-of-Service Criteria specify the standards that drivers, motor carriers, and authorized personnel use to ensure safety and compliance. Authorized personnel utilize the out of service criteria to determine whether or not a driver or vehicle presents an imminent hazard and should be placed out of service.
Driver Out of Service: This happens when a driver is deemed temporarily unfit to operate due to specific reasons, such as hours-of-service (HOS) violations, impairment, or health issues.
Hours-of-Service Violations: Often the most common cause, HOS violations can stem from driving beyond legal limits, inadequate off-duty hours, improper use of personal conveyance exception, or incorrect log entries.
Impairment: Any signs of drug or alcohol impairment can lead to an immediate OOS order, and proof of sobriety may be required before getting cleared to drive again.
Health and Safety Concerns: This includes vision, physical fitness, or general health requirements that the driver fails to meet during a routine or roadside inspection.
Vehicle Out of Service: This occurs when an inspection reveals a mechanical issue or equipment defect that makes the vehicle unsafe for operation. Some examples include:
Brake and Tire Issues: Defective brakes, worn tires, or flat tires are frequent reasons for vehicle OOS orders.
Lights and Electrical Issues: Headlights, brake lights, or turn signals not working can also lead to a vehicle being placed out of service.
Load Securement Issues: Improperly secured cargo can lead to violations, especially if it poses a risk of shifting or falling during transit.
FMCSA has a list of common violations cited during roadside inspections that can be found HERE.
A driver and/or vehicle may not return to service until the violation has been remedied (i.e., corrected) and the out of service order (OOSO) has been officially rescinded.
* Vehicles and drivers cannot move the vehicle after one or the other gets placed out-of-service!!
2. Review the Specific Violation
Ask for Clarity: During an OOS inspection, the inspector should explain the specific violations leading to the order. Ensure you understand each point clearly to avoid additional penalties.
Get Written Documentation: Most inspectors will provide documentation that outlines the violation. This paperwork is critical, as it helps you follow up with repairs or corrective actions and keeps your carrier informed of the situation.
Take Photos (if allowed): In cases of vehicle defects, photos can provide additional clarity when describing the issue to your dispatcher or repair shop.
3. Take Immediate Corrective Action
Identify the Nearest Service Location: Contact your carrier’s maintenance team or search for a nearby service center if immediate repairs are needed. Be aware that moving the vehicle to another location without resolving the OOS issue may result in penalties.
Coordinate with Dispatch: Keep dispatch informed of your location and the expected delay. They can assist with repair logistics and notify clients or arrange for cargo transfers if needed.
Tow if Necessary: If the vehicle’s issue cannot be fixed on-site, arrange for a tow. Ensure your carrier has towing services in place, as certain OOS defects (like brake failures) require the vehicle to be transported by a certified tow provider.
Per the FMCSA: “Satisfy all requirements in the Federal OOSO (including reinstatement of suspended or revoked operating authority, if required); Arrange for an authorized carrier to deliver the cargo; or Arrange for the vehicle to be towed back to the carrier’s terminal”
4. Document Compliance and Repairs
Repair Receipts: After addressing the issue, get a receipt or document proving the repair or correction has been made. This documentation is crucial for inspection officers.
Certification of Repair: A certified mechanic must sign off on repairs, especially for serious mechanical issues. This certification confirms the vehicle meets safety standards.
Re-Inspection (if required): Some violations require an official re-inspection by a certified inspector to clear the OOS status. The carrier remains OOS until the OOSO has been officially rescinded by authorized personnel of the FMCSA, such as a field administrator.
Per the FMCSA and Federal Regulation (49 CFR 396.9), if a vehicle is declared “out-of-service,” violations or defects must be corrected before a vehicle may operate again. Carriers must sign and return a completed roadside inspection report within 15 days of the inspection, verifying all violations have been corrected.
6. Plan for Future Compliance
Conduct Thorough Pre-Trip Inspections: Preventative measures can go a long way in avoiding vehicle OOS situations. Conduct a detailed pre-trip and post-trip inspection. Our Definitive "All-in-One" Vehicle Inspection Report Checklist Bundle can help!
Accurate Log Maintenance: Always maintain complete and accurate log books. Be sure to always have the last 7 days' worth of HOS logs.
Regular Vehicle Maintenance: Schedule regular maintenance checks, especially for high-risk areas like brakes and tires, which are the top causes of vehicle OOS orders.
Seek Feedback: After an OOS experience, review the inspection details to understand where improvements can be made. Share your experience with your carrier or fellow drivers.
Out-of-service orders are a reality for many drivers, but knowing what to do can make all the difference. Following these steps and remaining vigilant about compliance can prevent future out-of-service orders, keep you on schedule, and reduce the risk of prolonged downtime.
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Soshaul Logistics LLC and its affiliates do not provide tax, legal or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, tax, legal or accounting advice. It is meant to serve as a guide and information only and Soshaul Logistics, LLC does not assume responsibility for any omissions, errors, or ambiguity contained herein. Contents may not be relied upon as a substitute for the FMCSA's published regulations. You should consult your own tax, legal and accounting advisors before engaging in any transaction or operation.
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