OOS Violation 383.51(e) and 383.53(b)(1)

Some enforcement officials give instructions to drivers to proceed to a safer location to correct violations after they have been placed out of service. Example: Driver is placed OOS for an equipment violation and is instructed by the inspector to proceed to another location because the roadway where the inspection took place was not a safe location to make corrections.

This has occurred to more than one of our members for both vehicle and driver OOS violations. There are two issues: One - if the driver is placed OOS, they cannot legally leave the location they are at per Title 49 383.51(e). They are subject to a 90-day disqualification of their driving privileges ina CMV and a 1000.00 civil penalty if convicted of violating an OOS order. Two - inspectors are trained to avoid conducting a NA Uniform Driver/Vehicle Inspection by the side of a road so they would be violating their own safety recommendation for a safety inspection. That doesn't make safety sense.

CVSA needs to change the OOS criteria to include rules that would prohibit the practice of instructing the driver to go to a safer place. If, in the inspector's opinion, there is a safer place to remove the violation, they need to take the driver to that location and finish the inspection and place them OOS there.