NEWS & REPORTS

Placed Out of Service?

Apr 8, 2017 | Articles

1. You cannot cause or create a violation to fix another. So you can’t remove a front turn signal bulb ( not OOS) to fix a rear turn signal bulb ( OOS).

2. You do not have to be a certified mechanic to fix anything except making brake adjustments. And then, you can get trained by a mechanic to do that part.

3. You do not have to show or prove that you fixed something unless the officer is going to wait and watch. If the officer leaves and you have fixed the violation…just go.

4. If the violation is not an OOS , than it doesn’t have to be fixed immediately. You could get it fixed but you don’t have to.

5. Combination brake OOS. Based on the 20% rule, if you have a truck and a trailer brake out of adjustment / not working etc. You cant fix just ONE brake ( which takes you below the 20% thresh hold) and than drive off with one illegal brake. Any condition/ violation that causes or contributes to an OOS violation much be fixed before you leave.

6. Daytime or lack of rain is not a repair. If you have non-working lights or wipers , the rising of the sun or the skies drying up doesn’t change a thing. OOS means OOS until the violations are fixed.

7. OOS means you are shut down where you are placed OOS. You can ask the officer if he/she can actually put you OOS down the road a couple of miles at a shopping center etc. Think ahead of the repair truck that comes out and how safe is it to try to perform a fix along the road. You aren’t OOS until the officer marks and declares you to be OOS. I have allowed trucks to move to a better location for this exact reason.

8. If possible always take several digital pics of the violation in case you disagree and want to file a DataQ challenge or go to court over a citation.

9. Thanking for the officer for finding something you didn’t ( or did) know about can go a LONG way to getting through an inspection. I didn’t always write a citation for an OOS , especially if it was a really easy fix ( loose pigtail).

About the Author

NEWS & REPORTS

All 3G ELDs Do Not Comply with FMCSA Regs by 12/31/2022

Verizon is the last network to shut down their 3G network, the sunset date is December 31, 2022.  The other major networks shut down their 3G earlier this year. If you have an ELD system that relies on 3G to operate, it will no longer be compliant.  The carrier has 8...

Preparing your Drivers for Deposition

Doug Marcello, a shareholder with the law firm of Saxton & Stump and chief legal officer of Bluewire, is a trucking defense attorney with a CDL. He had represented trucking clients across the country, having been specially admitted for cases in 35 states. Doug...

10 laws that changed how trucking works

A look back at some of the top labor issues in the freight-hauling industry since deregulation in the 1980s—and even before—as well as the notable impacts of ongoing worker and driver challenges. FleetOwner Staff Although the federal government doesn’t regulate labor...

CATEGORIES