Truck Placed Out of Service: What It Means and How to Get Moving Again

The direct answer: a vehicle marked out of service may not be driven, or towed in the ordinary way, until every repair listed on the out-of-service notice is finished. The rule is 49 CFR 396.9. You have two ways forward: have the defects repaired where the truck sits, or have it removed by a tow truck using a crane or hoist. After the repair, the carrier signs the inspection report to certify the corrections within 15 days and keeps a copy for 12 months.

What “out of service” means in the regulation

Inspectors must declare and mark out of service any vehicle that “by reason of its mechanical condition or loading would likely cause an accident or a breakdown.” The vehicle gets an Out-of-Service Vehicle sticker, and the defects are written on the Driver Vehicle Examination Report. Which defects reach that level is set by the out-of-service criteria the inspectors work from; brakes, tires, lights, steering and suspension, and load securement account for most of them.

An out-of-service order on the vehicle is separate from one on the driver (hours of service, licence or medical issues). A repair shop can help only with the first kind.

Can the truck be moved at all?

• Driven: no. Nobody may operate it, and the carrier may not require or permit anyone to, until the required repairs are satisfactorily completed.
• Towed: the regulation counts towing as operating, with one exception — an out-of-service vehicle may be towed away by a vehicle using a crane or hoist. A tow bar or a pull with a chain is not that.
• The sticker: may not be removed until all repairs required by the notice are complete.
• The trailer or the tractor alone: if only one unit of the combination was placed out of service, ask the inspector what may be done with the other. Do not assume.

Getting it repaired

Many out-of-service defects are the kind that can be fixed on site: brakes out of adjustment, an air leak, a failed brake chamber, a flat or damaged tire, inoperative lamps, a loose or leaking component. Others need a shop: cracked frame or suspension parts, steering components, a wheel end that has to come apart. Our guide to mobile repair or a tow sorts the common jobs each way.

When you call, read the defects off the report exactly as written, with the unit number, the axle and side for each item, and where the truck is being held. That tells us what to bring and whether the fix belongs at the roadside. Call (916) 571-8888; see mobile truck repair and emergency roadside assistance. Inspection facilities set their own rules for who may work on a vehicle on their grounds, so ask the officer before a service truck is sent.

The paperwork after the repair

1. Driver to carrier: the driver delivers the inspection report to the motor carrier on arrival at the next terminal or facility. If that will not happen within 24 hours, the driver must send it immediately by mail, fax or other transmission.
2. Carrier review: the carrier examines the report and corrects the violations and defects noted.
3. Certification within 15 days: the carrier certifies that all violations have been corrected by completing the signature, title and date portion of the form, and returns it to the issuing state agency if that agency asks.
4. Retention: a copy stays at the carrier’s principal place of business, or where the vehicle is housed, for 12 months from the inspection date.

Ask the shop for an invoice that names each repaired item in the same terms the report uses. It is the evidence behind the signature.

Why it is worth fixing the cause, not only the item

Every roadside inspection, clean or not, is recorded against the carrier, and the vehicle out-of-service rate is published. One brake out of adjustment is usually a sign that the others are near the limit; a worn tire usually has a reason. Our air brake adjustment guide and tire wear guide give the limits inspectors measure against, and how to read your out-of-service rate explains the number fleets are judged on. The scales nearest Sacramento are listed in our weigh stations guide.

Common questions

Can I drive an out-of-service truck to a shop?

No. It may not be operated until the repairs on the notice are complete. It can be repaired in place or removed by a tow vehicle using a crane or hoist.

Who is allowed to make the repair?

The regulation requires that the repairs be satisfactorily completed; it does not name who must do them. For brake work, the carrier is responsible for using a qualified brake inspector under 49 CFR 396.25. In practice that means a competent mechanic and an invoice that documents the work.

Does the inspector have to come back and clear it?

The rule turns on the repairs being completed and the carrier certifying them. Some inspection sites re-check before the vehicle leaves; follow the instructions the officer gives and the ones printed on the report.

How long does an out-of-service order last?

Until the listed repairs are done. There is no waiting period in the regulation for a vehicle defect.

Source: 49 CFR 396.9 and 396.7, read via eCFR. This page summarizes the federal rule and is not legal advice; state officers may give additional instructions.