Understanding Out-of-Service orders: what are they and what to do if you get one

The Commercial Vehicle Safety Alliance (CVSA) International Roadcheck has come to an end. After 72 hours of inspections across the United States, Canada, and Mexico, many truck drivers can finally breathe easy — at least until the next inspection. Of course, that only applies to those who passed.

Although the CVSA has not yet released the official figures, every intensive inspection results in a percentage of drivers accumulating violations that place them in out-of-service (OOS) status.

For this reason, it is essential for every truck driver to understand the proper protocol to follow when facing an unexpected OOS order. The first step is knowing what actually constitutes an out-of-service status.

What is an Out-of-Service (OOS) status?

An out-of-service status means that a commercial motor vehicle or driver must immediately stop operating due to a serious safety violation or failure to comply with Department of Transportation (DOT) regulations. Depending on the severity of the violation, the condition may be temporary or permanent.

When a vehicle is placed out of service, it may be towed and can only return to operation once the issue that caused the OOS status has been repaired. On the other hand, if the OOS order is related to the driver rather than the vehicle, the trucking company may send a qualified replacement driver to move the truck. In any case, the original driver cannot operate the vehicle again until officially authorized.

Consequences of OOS violations

Being placed out of service carries consequences beyond simply being unable to drive your truck. Violations, fines, and loss of income are among the most common repercussions. In addition, the violation is recorded in the Compliance, Safety, Accountability (CSA) program database.

These are some of the financial and operational penalties associated with out-of-service violations:

• Penalties of up to $96,000 for hazardous materials violations
• Fines of approximately $3,740 for drug- or alcohol-related violations
• Increased insurance rates due to repeated violations
• Damaged CSA scores
• Loss of customers
• Permanent marks on the company’s safety records

These violations may also be used as evidence in legal cases involving accidents or injuries

How does an OOS order affect your record?

As mentioned above, every out-of-service order is added to the Federal Motor Carrier Safety Administration’s (FMCSA) Compliance, Safety, Accountability (CSA) program and remains visible to current and potential employers.

In addition, OOS orders carry an extra two-point value in the Safety Measurement System categories related to Hours-of-Service Compliance, Vehicle Maintenance, Driver Fitness, and Hazardous Materials Compliance. This raises carriers’ scores and increases the likelihood of an FMCSA audit.

How to remove your Out-of-Service status?

However, not all hope is lost. Returning to driving depends on the type of violation that triggered the OOS order. While some situations can be resolved within hours, others may take weeks or even months.

Here are some steps to follow depending on the violation:

• Hours-of-Service violations – Drivers must complete the full required rest period before returning to the road. In most freight-hauling cases, this means 10 consecutive hours off duty, including sleeper berth time. If there are logbook or recordkeeping issues, the driver must also fully correct and update their records before driving again.
• Medical certificate issues – If the medical certificate has expired, the driver must obtain a new one from an FMCSA-authorized medical examiner and update the information with the appropriate state licensing agency to fully restore CDL privileges.
• Suspended CDL – When a CDL has been suspended or disqualified, the driver must complete the state’s reinstatement process, which usually includes paying fines, completing required courses, and covering administrative reinstatement fees.
• Alcohol or drug violations – Violations involving alcohol require a minimum 24-hour out-of-service period. In some cases, the driver may also face an additional return-to-duty process if the violation is reported in the Clearinghouse.

If you are placed out of service, take immediate action. These are the most important steps to follow:

• Repair any defects listed in the out-of-service order
• Submit Form BOC-3 and proof of insurance
• Update your USDOT number and MCS-150 form if necessary
• Complete and submit Form MCSA-5889 to request reactivation

Remember, the best way to avoid these situations is by complying with all Department of Transportation rules and requirements. If you have questions about your records or permits, do not hesitate to contact us. Drive safely and follow the regulations.