OOSC, Part II, Item 1. Brake Systems e. Parking Brake

49 CFR §393.41 OOS Condition Brake Systems (1)(e) Parking Brake. Defective parking brakes are listed as an out-of-service violation with no consideration for the type of transmission on the vehicle. I have had many inspections in which an automatic transmission equipped truck was declared out-of-service solely based on a defective parking brake violation.

While the use of the parking brake is a good idea and even recommended by some auto manufacturers, the prevalence of automatic transmissions in pick-up trucks commonly seen in commercial vehicles, I question whether the parking brake rises to the level of an imminent hazard on a vehicle with an automatic transmission. I agree the requirement should still be a violation since it’s required the FMVSS, but would like the Vehicle Committee to discuss whether it is still an imminent hazard on a vehicle equipped with an automatic transmission. Part II NAS OOSC: “Imminent hazard” means the existence of any condition of a vehicle or cargo that substantially increases the likelihood of serious injury if not discontinued immediately.”

I am requesting the Vehicle Committee review with industry about the possibility of amending the out-of-service criteria to consider automatic transmission equipped vehicles verses standard transmission vehicles when the parking brake is found to be defective (inoperable). If it is determined through the Committee that an imminent hazard does not exist for an automatic transmission equipped power unit, I suggest separating out the out-of-service condition in Part II, Item 1.e. Parking Brake, to read one paragraph for a manual transmission equipped power unit, and a second paragraph for trailing unit(s).