CVSA Guidance Allowing the Movement OOS Vehicles/Drivers

Commercial vehicle safety inspectors placing vehicles OOS and instructing/allowing the driver to drive the vehicle to a company repair facility or other truck repair facility. It appears several commercial vehicle safety inspectors are still following the restricted out of service guidelines, concerning the repairs of vehicles.

Movement of vehicles found to be out of service is an acute violation, when discovered during compliance reviews. Motor Carriers are failing Factor 4 of compliance reviews, due to verbal agreements between safety inspectors and drivers. When safety inspectors allow vehicles to be moved to repair facilities, motor carriers cannot produce documents to prove the driver and carrier did not violate the out-of-service order. Without documentation from the inspector describing the allowed movement, Section 396.9(c)(2) is being cited during compliance reviews.

Issuance of CVSA guidance concerning the allowed movement of out of service vehicles/drivers. Issuance of such guidance should aid in the standardized practice for all states to follow, concerning the movement of out of service vehicles. If the officer discretion is allowed, (concerning movements to repair facilities) establish report-writing techniques to reflect the actions taken by the officer, do that the required information can be delivered to and retained by the motor carrier.