OOSC, Part I, Item 3. c. - Endorsements and Restrictions

The Out of Service criteria states a driver shall be placed out of service when found to be operating a commercial motor vehicle without proper endorsements or in violations of restrictions (383.23(a)(2)). In Safetynet, 383.23(a)(2) is listed as 'operating a CMV without a CDL'. The CSA point severity for this violation is 8. Safetynet also includes the individual endorsements as detailed in regulation, 383.93(b)(1, 2, 3, 4, and 5). CSA also has this as an 8 point violation. The potential is there for a carrier to be given two 8 point violations for the same offense, just so the out of service violation can be listed. From a data quality standpoint, I would rather be able to see what the specific violation was (what endorsement was missing).

Confusing for roadside inspectors on which violation to select when the OOS criteria only gives you one option of 383.23(a)(2), but safetynet provides endorsement options that are not reflected as an "OOS violation".

Update the OOS criteria for violations of no endorsements to reflect the specific endorsement as required by 383.93(b), and not 383.23(a)(2). Additionally, operating a CDL Class A or B required vehicle on a Class D license would be listed under 383.91(a), as included in the OOS criteria. There is no need to use 383.23(a)(2) as an out of service violation when FMCSA (by way of CSA points) and safetynet already recognize the endorsement and incorrect license for the vehicle being operated as their own violations. If you want use 383.23(a)(2) for operating a CMV without a proper CDL and OOS violation, then it should be used for missing restrictions, no required endorsement, and not having the proper license for the vehicle being operated.