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OOSC, Part II, Item 2. Cargo Securement, a. General Securement - 392.9(a)(2)

Entry DateFebruary 29, 2024
Issue Number24-013-VEH
NameKayla Lund
AgencyTXDPS
Address1400 IH 35 N Frontage RdSan Marcos, Texas, 78666United StatesMap It (opens in a new tab)
Phone210-294-4133
Email[email protected]
CommitteeVehicle Committee
StatusClosed
Summary of Issue

In the Out of Service criteria violation 392.9(a)(2) is under equipment. However, in the fed regs it is listed as a driver violation.

Justification or Need

A note in the OOS criteria indicating that this specific violation should be enforced as an equipment violation instead of a driver violation would clear up a lot of confusion. It should be equipment as a driver can walk away, a new driver can take over and technically not be out of service/ required to secure the dunnage that originally was unsecure unless the new driver is then inspected.

Request for Action

Add a note in the OOS criteria indicating that 392.9(a)(2) should be enforced as equipment instead of a driver violation.