Common Out-of-Service Violations

Being placed OOS by the FMCSA can be enough for anyone to want to shutter their doors, but it’s not the end of the line. These issues can not only be resolved, they can be safeguarded against in the future to prevent reoccurrence. Listed below are some of the common reasons carriers are placed OOS and information on how we can help.

Failure to Complete
Registration Process

Carriers who are subject to the New Entrant Safety Audit will receive multiple letters in the weeks after filing for a DOT number that will ask them to call FMCSA directly, complete the registration process, and schedule an audit. Failure to respond to this letter in time will result in you being placed OOS. If you have been enrolled in the New Entrant Safety Program and have not yet received or responded to this letter, please call the FMCSA at (877) 905-8016 to ensure you are not placed OOS for failure to contact.

Failed Safety Audit

Interstate carriers operating commercial motor vehicles are all automatically enrolled into the New Entrant Safety Program and subject to the mandatory safety audit. Failure to provide sufficient documentation required at the time of your audit, including missing key registrations or compliance filings, will result in failing the audit. A corrective action plan (CAP) will need to be submitted to the FMCSA to be put back into service and resume operations. For more information, please refer to our Safety Audit Checklist.

Vehicle violations

Safety Officers are permitted to conduct various levels of inspections on the vehicle during roadside inspections, weigh station checks, on-site audits, etc. If any OOS violations are found, you will be ordered to remove the vehicle from operation immediately until the issues have been resolved.

Vehicle OOS violations may include:
  • Tires: Flat, leaking air, insufficient tread depth
  • Lighting: Broken or inoperative brake lights, turn signals, or other required indicators
  • Maintenance: Inspection, repair, or maintenance violations, failure to obtain period inspection
  • Brakes: Defective, inoperable, or measurable pressure loss
  • Equipment: Defective or missing fire extinguisher, missing warning devices
  • Leaks: Oil, grease, or fuel leak
  • Etc.

Driver Violations

Driver documentation, records, and proofs will be required during routine traffic stops and other related interactions with Safety Officers. If any deficiencies are found, the driver will be placed OOS and will be unable to operate a CMV until the issues have been resolved.

Driver OOS violations may include:
  • Driving while impaired by legal, or illegal substances
  • Driving without a valid or appropriate class license
  • Driving outside of the Hours-of-Service limits
  • Failure to maintain Records of Duty
  • Cargo securement violations
  • Improper vehicle maintenance, including failure to complete inspection reports
  • Etc.

General Compliance Violations

Aside from specific violations related to vehicle or driver performance, you may also be placed OOS for failure to comply with regulatory requirements set in place by the FMCSA. While some of these items are reviewed during safety audits, they may also be verified at any point by safety officers, highway patrol, state police, etc. Having one or more of the violations listed below may result in being placed OOS depending on the circumstance and severity of the violation.

General violations may include:
  • Failure to have a Drug and Alcohol Program in place
  • Failure to provide or maintain Driver Qualification File
  • Failure to register for UCR annually
  • Failure to obtain IFTA / IRP registration
  • Traffic violations: speeding, failure to indicate, reckless driving, failure to yield, etc.
  • HAZMAT: Unsecured package, failure to provide shipping papers, failure to meet placard requirements, etc.
  • Etc.

How can we help?

MCSA Compliance Consultants can keep you informed and aware of any potential pitfalls that may result in you being placed OOS. When you work with one of our compliance agents, they will review your operation and make you aware of any requirements applicable to you, ensuring you’re never caught off guard.  If you have already been placed OOS, we will work with you to correct any violations and get you back into service as soon as possible. Don’t waste time figuring out what the best path forward is while your trucks are parked, we know exactly what it takes to get them back on the road.