What Happens When a Commercial Vehicle Is Placed Out of Service at a Roadside Inspection?

Under 49 CFR 396.9, FMCSA inspectors mark a vehicle out of service when its condition or loading would likely cause a crash or breakdown; state inspectors act under state law. No one may operate it until the required repairs are completed, except towing by crane or hoist. The carrier certifies corrections within 15 days and keeps the report 12 months.

Who inspects. 49 CFR 396.9(a) authorizes FMCSA special agents to inspect vehicles in operation. State roadside inspectors act under state law. To qualify for funds under FMCSA's Motor Carrier Safety Assistance Program (MCSAP), a state must adopt and enforce compatible motor carrier safety laws and regulations (49 CFR 350.207(a)(2)). The federal out-of-service rules described below are in 396.9.

Out-of-service declaration (49 CFR 396.9(c)(1)). Authorized personnel declare and mark "out-of-service" any vehicle or intermodal equipment that, because of its mechanical condition or loading, would likely cause an accident or breakdown. An "Out-of-Service Vehicle" sticker is used.

No operation until repaired (396.9(c)(2) and (3)).

• No motor carrier may require or permit anyone to operate the vehicle, and no one may operate it, until all repairs required by the out-of-service notice are completed.
• "Operate" includes towing, except towing away by a vehicle using a crane or hoist.
• No one may remove the sticker before the required repairs are completed.

Delivering the report (396.9(d)(1)). The driver delivers a copy of the inspection report to the motor carrier, and to the intermodal equipment provider where applicable, on arrival at the next terminal or facility. If the driver will not arrive within 24 hours, the driver must transmit it immediately.

Carrier certification (396.9(d)(2) and (3)). The carrier examines the report, corrects violations and defects, and within 15 days of the inspection certifies that all violations were corrected. The carrier returns the form to the issuing state agency if requested, and keeps a copy for 12 months at its principal place of business or where the vehicle is housed.

Out-of-service criteria. Inspectors commonly use the North American Standard Out-of-Service Criteria, which CVSA describes as "the pass-fail criteria for inspections" and updates annually, effective April 1. Separately, 49 CFR 396.7 bars operating a vehicle in a condition likely to cause an accident or breakdown.

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