OOSC, Part IV, Item 4. U.S Federal Out-of-Service Orders (FMCSA OOS Types)

In the April 1, 2026, revision of the Out-of-Service criteria, CVSA added a "Seven FMCSA OOS Types" chart in Part IV. This chart outlines the administrative OOS orders and corresponding violations. Two issues exist with the current revision: 1) The chart is not structured in a way that supports efficient or accurate use in the field. 2) The chart includes the OOS order "Denial of Access," which is not aligned with enforceable regulatory authority.

1) The current layout requires inspectors to move between multiple charts to identify the correct violation and corresponding OOS type. This involves locating a description, determining whether the operation is interstate or intrastate, and then cross-referencing to confirm the appropriate OOS classification. This process adds time, is inefficient, and introduces unnecessary opportunities for inconsistent application. Additionally, there are 14 OOS descriptions, but only 7 OOS types. Some descriptions are self-explanatory (e.g., “Failure to Pay Fine,” or "UNSAT/UNFIT"), while others are not (e.g., MX Carrier). For example, an inspector encountering “MX Carrier – Inadequate Corrective Action” or “MX Carrier – Revoked Operating Authority” will not find a clear corresponding OOS type. While the correct classification may be implied, the lack of alignment creates ambiguity and increases the risk of inconsistent application. 2) The inclusion of “Denial of Access” in the lower chart introduces further confusion. This OOS order is not listed in the primary chart and lacks a corresponding regulatory basis for enforcement during roadside inspections. As a result, inspectors may attempt to force it into another category (e.g., UNSAT/UNFIT), leading to incorrect enforcement actions.

1) Adopt the attached “Proposed Layout,” which consolidates all relevant information into a single chart. This structure supports a linear review process, reduces cross-referencing, and improves consistency and accuracy in the field. 2) Add clarifying language regarding “Denial of Access.” CVSA previously addressed this issue under issue #24-038-AIC, indicating there is no regulatory authority to enforce Denial of Access during a roadside inspection. To ensure consistent application, the following note is recommended: "NOTE: There is currently no regulatory authority to enforce Denial of Access during a roadside inspection. Inspectors should not record a violation for Denial of Access."