OOSC, Part II, Item 10. Tires - Dual Tires

CVSA recently distributed a Training Bulletin on combining tire wear and tread depth on dual wheels. The bulletin says the current OOS criteria are interpreted as allowing a combination of tire wear/tread depth on the same dual for determining an OOS violation. In Missouri, the OOS criteria are adopted by statute. As a result, if the OOS violation is not expressly stated in the OOS criteria and if we are challenged in court, we will most likely have to revert to the old determination. The way the OOS criteria are stated now, the exceptions state both tires must meet this criteria. "(Exception: On dual tires, both tires must have less than 1/32 inch (.8mm) tread. (393.75(c))" Nowhere does it state the different criteria can be combined on dual wheels.

Without this being in the OOS criteria, Missouri will have difficulty, if challenged, to uphold this blending of violations.

Since the criteria were just updated, printed, and distributed, this combining of criteria should have been put in the new OOS criteria. Since this was not done, an amendment should be added to the criteria or the combining information withdrawn until the next version of the OOS criteria is distributed. In states where the OOS criteria are adopted by statute, it is probably unenforceable when the criteria are changed with a training bulletin since the actual criteria remain unchanged. These OOS violations are serious concerns of motor carriers and they are consistent in their challenges of OOS violations if they think the OOS criteria are not being followed.