Out-of-service (OOS) criteria

Scope

This requirement applies to drivers and motor carriers operating commercial motor vehicles (CMVs).

Regulatory citations

• 49 CFR 395.13 — Drivers ordered out of service
• 49 CFR 396.9 — Inspection of motor vehicles and intermodal equipment in operation

Key definitions

• Commercial motor vehicle (CMV): A self-propelled or towed motor vehicle used on a highway, in interstate commerce, that meets any one of the following criteria:
  • Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight (GVW) or gross combination weight (GCW), of 10,001 pounds or more, whichever is greater; or
  • Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
  • Is designed or used to transport more than 15 passengers (including the driver), and not used to transport passengers for compensation; or
  • Is transporting hazardous materials of a type or quantity which requires placarding.

• Out-of-service (OOS) order: 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 OOS pursuant to 386.72, 392.5, 395.13, 396.9 or compatible laws, or the North American Standard Out-of-Service Criteria.

Summary of requirements

Enforcement officials use the North American Standard Out-of-Service (OOS) Criteria to determine if a driver or CMV has a critical violation that would make further operations unsafe. When a driver or vehicle is ordered OOS, the condition(s) or defect(s) must be corrected or fixed before the driver or vehicle may depart the scene.

The OOS Criteria are not contained in, and are not the same as, the Federal Motor Carrier Safety Regulations (FMCSRs). A driver or vehicle may be in violation of the FMCSRs without being placed OOS.

For example, a driver who forgets an item on their log may be cited for a “form and manner” violation but be allowed to continue driving. A driver who fails to have a log when one is required, however, will likely be placed OOS for 10 hours. Drivers or vehicles that are placed back in operation before the OOS violations are corrected face serious consequences.

While OOS, drivers must still comply with the vehicle attendance and surveillance requirements if transporting hazardous materials.

An OOS vehicle on which the OOS condition still exists may be moved only by being placed entirely upon another vehicle or towed by a vehicle equipped with a crane or hoist. Not all OOS vehicles may be towed away from the inspection location, however, depending on the officer’s judgment.

Drivers who receive an OOS order must deliver, mail, or transmit a copy to the motor carrier within 24 hours. Within 15 days of the inspection, the motor carrier must complete the form — certifying that the violations have been corrected — and return it to the address shown on the form. The carrier must then retain a copy for 12 months.