OOSC, Part II, Policy Statement - 20% Defective Brakes

Whether or not a combination vehicle that has been placed OOS for 20% brake violations can separate the units, repair the violations that contributed to the 20% and allow the individual unit to proceed.

I am a member of the FMCSA National Training Center, Training Review and Update Committee (TRUC), over the past several years through various NTC instructor recertification classes and observing NAS Part B instructors, it is evident that a large number of instructors/inspectors still believe that both units in a combination that has been placed OOS for 20% brake violations, must have all brake violations repaired on both units, before either is allowed to proceed. This issue was discussed again in January and February 2013 at four different instructor recertification classes, with over 100 instructors, and approximately 35-40% agreed with the above philosophy. The majority of that 35-40% are basing this on the OOSC Part II Policy Statement that uses the 20% rule as an example for requiring all defects that contributed to the OOS to repaired.

I am requesting that the OOSC Part II Policy Statement be changed in the following two paragraphs. 1. When a vehicle is declared out-of-service for a condition resulting from an accumulation of violations, all violations that contributed to the specific out-of-service condition must be repaired (e.g. a vehicle, or vehicles in combination declared out-of-service for 20 percent defective brake violations must have all the 20 percent defective brake violations repaired prior to being released; or, a vehicle declared out-of service for two tires at less than 1/32 inch (.8mm) tread depth must have both tire violations repaired prior to the vehicle being released, etc.). Remove from the above paragraph - "a vehicle, or vehicles in combination declared out-of-service for 20 percent defective brake violations must have all the 20 percent defective brake violations repaired prior to being released" 2. When vehicles in combination are declared out-of-service for 20 percent defective brake violations, any vehicle within the combination that does not contain a brake violation that contributed to the 20 percent defective brake out-of-service condition is allowed to proceed providing it does not contain any other out-of-service conditions. Change the above paragraph to read - "When vehicles in combination are declared out-of-service for 20 percent defective brake violations, any vehicle within the combination that no longer contains a brake violation that contributed to the 20 percent defective brake out-of-service condition is allowed to proceed providing it does not contain any other out-of-service conditions."