What It Means
Federal rules define an out-of-service order in 49 CFR 390.5 and list the rules under which one can be issued, including 386.72, 392.5, 392.9a, 395.13, and 396.9, along with the North American Standard Out-of-Service Criteria. Common examples include:
- Drivers: a driver who has been on duty beyond the hours-of-service limits, or who does not have a current record of duty status, can be ordered out of service. The carrier may not require or permit that driver to drive until the driver may lawfully do so (49 CFR 395.13).
- Vehicles: an inspector must declare out of service any vehicle whose mechanical condition or loading “would likely cause an accident or a breakdown.” No one may operate it until the required repairs are completed, and the carrier must certify the repairs within 15 days (49 CFR 396.9).
- Carriers: FMCSA can order a vehicle, a driver, or a whole company to stop operating when it finds an imminent hazard to safety (49 CFR 386.72).
Why It Matters in a Truck Accident Case
Ignoring an out-of-service order is a serious violation. An employer may not allow a driver to operate a commercial vehicle while the driver, the vehicle, or the carrier is subject to an out-of-service order (49 CFR 383.37). A driver convicted of violating one faces a CDL disqualification of at least 180 days for a first offense (49 CFR 383.51).
Evidence that a truck or driver was back on the road before the problem was fixed can strongly support a claim against both the driver and the company. Roadside inspection reports must be kept for 12 months (49 CFR 396.9), so it helps to act quickly.
