DOT Out of Service Violations: A Guide for Transportation Professionals

In the transportation industry, staying in step with the United States Department of Transportation (DOT) regulations isn’t only about following the letter of the law. It’s about protecting the well-being of your operations and the public. Among the myriad complexities of these regulations, few loom larger than DOT out-of-service (OOS) violations, whose potential impact on your business can be immediate. Understanding these violations, preventing them, and dealing with them are all part of what makes both professional transportation drivers and owners/operators, well…professional.

What Are DOT Out-of-Service Violations?

An OOS violation occurs when either a driver or a vehicle is considered to be such a hazard that continued operation cannot be tolerated unless and until the specific violation has been rectified. Such a violation can be discovered during a Federal Motor Carrier Safety Administration (FMCSA) inspection. Every transportation company needs to be aware of how this determination can be made in order to steer clear of what can be considerable consequences.

Categories of OOS Violations

OOS violations can fall into several categories, each with its own criteria to meet:

Vehicle-Related Violations

These serious violations can be further separated based on where inspectors find the cause for ceasing operations after inspection. Examples include a braking system or bad tires with less than safe tread depth. Vehicle-related OOS violations are often the cumulative result of permitting routine maintenance and inspection to be deferred and/or go by the wayside.

Driver-Related Violations

Violations of this type are written up by inspectors on the spot whenever the driver’s qualifications cannot be documented. This can be anything from a lack of CDL in the driver’s possession to not having a specific required CDL endorsement. Another common driver-related OOS violation is driver out of service (DOOS) conditions, such as exceeding hours of service — which translates into driver fatigue — and having either a revoked or suspended CDL. Look for drivers to be under close scrutiny at inspection points as a result of ELDs in the cab.

Hazardous Materials Violations

When carrying transporting hazardous materials (HazMat), all bets are off. In this case, one of a number of regulations become part of the OOS criteria — such as incorrect placarding, unsecured HazMat, and forbid-den HazMat. You fail to prevent a HazMat OOS violation at your economic, environmental, and public and driver safety peril.

Strategies for Avoidance and Remediation

Preventing out-of-service violations begins with an approach to your business that makes being a liaison to the regulatory community a commitment to safety and compliance. Here are some specific items to act on:

• Frequent Vehicle Inspections: An onboard computer does not replace scheduled PA fleet vehicle inspections.
• Driver Training: Make sure your drivers are fully aware of and practicing all hours-of-service regulations, CDL requirements, and proper and consistent safety, driving, and inspection protocol.
• Transportation Compliance Checks: Turn to FMCSA Registration services for highway tax, permit, and title services as a chance to verify that you are fully in compliance and registration with all current applicable federal regulations.

When a DOT Out of Service time bomb explodes in your face, it can be terrifying. Corrective measures, such as actually fixing the specific violation and taking steps to minimize the potential impact on your business, are key. For small fleets or independent owner-operators, it’s vitally important to act every time an out-of-service violation is issued, as such violations can have a volume effect on OOS rates and eventually result in an adverse Conditional Rating for numerous out-of-service violations. Once you’ve done your immediate standard of care, the Compliance, Safety Accountability (CSA) program has a number of resources to assist you in preventing out-of-service violations en masse the next time your truck is inspected. In other words, when the time comes, and your trim is a little too tight, leaving no maneuvering room, remember that these specific resources, DOT Consulting services and Trucking Regulatory Compliance Services, can work with you and your staff on how to pass DOT’s “SAFER” mission; and avert DOT Out of Service Studies (OOS Research Studies).