Violation of HOS Out-of-Service Order
| Entry Date | August 22, 2007 |
|---|---|
| Issue Number | 07-041-DRV |
| Name | Capt. Dan Meyer |
| Agency | Kansas Highway Patrol |
| Address | 700 SW Jackson, Suite 704Topeka, KS, 66603United StatesMap It (opens in a new tab) |
| Phone | (785) 296-7189 |
| Fax | (785) 296-2858 |
| [email protected] | |
| Committee | Driver-Traffic Enforcement Committee |
| Status | Closed |
| Summary of Issue | Currently if a driver violates a roadside placement of out of service for a record of duty status violation and is stopped locally or in another state prior to the completion of the time required to be out of service, the new inspector cannot place the driver out of service, if the violation no longer exists. An example of this is: A driver is place out of service for No 7-day log, he is missing three days of log sheets and placed out of service for 10 hours. The driver takes two hours off, catches the log book up and drives off. When the new inspector stops him, they can cite the driver for 395.13(d)(1), but cannot place the driver back out of service as the original violation has been corrected, but the driver did not comply with the out of service order time requirement. There are other HOS examples that can be cited. |
| Justification or Need | The driver needs to be held accountable for the out of service time requirement. The safety concern still exists and has not been met. |
| Request for Action | 395.13(d) needs to added to the driver out of service criteria. This can be done by adding: "The driver should be placed out of service for 10 hours for violating the roadside hours of service out of service order." There should be an explanation note added that: The driver would not be placed out of service, if the driver has since taken time off equivalent to the original out of service order. |