OOSC, Part II, Item 1. Brakes, a. Defective Brakes Chart

You stop a two axle truck-tractor towing a two axle semi-trailer and perform a Level 1 inspection. Furthermore, you determine that the semi-trailer is being operated in a driveaway/towaway operation. During the course of the inspection, you determine that 1 of the 4 brakes on the tractor (25% of the required brakes) is defective, but all four (or even just one) of the brakes on the semi-trailer are operative and 'non-defective'. Part II, 1. Brake Systems, a. Defective Brakes states, "The number of defective brakes is equal to or greater than 20% of the service brakes on the vehicle or combination...", which can cause someone to include the non-required brakes into the 20% calculation. Furthermore, it also states, "Determine the number of defective brakes required by using 20% of the total number of brakes on the vehicle or combination". However, the chart on the same page states, "Total Number of Brakes Required to be on a Vehicle or Combination", which can cause someone to exclude the non-required brakes into the 20% calculation.

The OOSC contradicts itself and is unclear. This is contrary to CVSA's mission of creating uniformity among all CMV inspectors and needs to be corrected and/or clarified when it comes to how non-required brakes are to be included/excluded in regards to the 20% rule. Some inspectors see that the operative and 'non-defective' non-required brakes removes the 'imminent hazard' on this CMV that the OOSC seeks to remove from our roadways, however, there are those inspectors that see nothing but the literal translation of "Total Number of Brakes Required to be on a Vehicle Combination" and want to initiate an OOS on a CMV that has less than 20% of its total number of brakes defective.

Update/correct the OOSC to be definitive, concise, and easy for both enforcement and industry to learn and apply, in regards to the 20% rule and non-required brakes.