Row 14: Operating a vehicle declared out of service before repairs (49 CFR 396.9(c)(2))
Row 14 fails a new carrier that requires or permits a commercial motor vehicle declared "out of service" at an inspection to be operated before the required repairs are made. One occurrence fails the audit.
What the rule says
Authorized inspectors declare and mark "out of service" any vehicle that, because of its mechanical condition or loading, would likely cause an accident or breakdown, using an "Out-of-Service Vehicle" sticker. Under 49 CFR 396.9 (c)(2), no motor carrier may require or permit anyone to operate that vehicle, and no one may operate it, until all repairs required by the out-of-service notice are satisfactorily completed. No one may remove the sticker before then.
"Operate" includes towing, with one exception
The rule says operating includes towing the vehicle, except that an out-of-service vehicle may be towed away by a vehicle using a crane or hoist. In practice: either repair it where it sits (mobile repair), or move it with a wrecker that lifts it. Driving it "just to the next exit" or hooking a tractor to an out-of-service trailer and pulling it to the shop is a violation.
After the roadside inspection
- The driver must deliver a copy of the inspection report to the carrier on arrival at the next terminal or facility, or transmit it immediately if not arriving within 24 hours (49 CFR 396.9 (d)(1)).
- The carrier must examine the report and correct the violations or defects (49 CFR 396.9 (d)(2), linked to 49 CFR 396.11 (a)(3)).
- Within 15 days of the inspection, the carrier must certify that all violations were corrected by signing the carrier section of the form, return it to the issuing State agency if asked, and keep a copy at its principal place of business or where the vehicle is housed for 12 months (49 CFR 396.9 (d)(3)).
What an auditor compares
Roadside inspection reports with out-of-service items, against repair invoices, tow receipts, logs, ELD movement and fuel receipts. A truck that shows movement after the out-of-service time with no repair or crane-tow record is the textbook violation.
How to fix it
- Give drivers a written rule: an out-of-service vehicle doesn't move until repaired or lifted onto a wrecker; call the office.
- Keep repair invoices with the date, time and location that match the out-of-service item.
- Sign and date the carrier certification on every inspection report within 15 days, and file it in that unit's maintenance file for 12 months.
- Track inspection reports in a log so none is missed.
This matters before the audit too: a new entrant found operating a vehicle placed out of service without taking the necessary corrective action, through a roadside inspection or any other means, may be subjected to an expedited safety audit or compliance review (49 CFR 385.308).
If an auditor finds this violation, the audit fails. FMCSA then has up to 45 days to send written notice, and you get 60 days from the notice date to fix the problem and prove it (45 days for certain passenger and hazmat carriers) before your new entrant registration is revoked (49 CFR 385.319, 49 CFR 385.325). The overview explains the timeline.