Safety First 19: Roadside Inspections

Safety First · Lesson 19 of 30 · Vehicle Systems and Reporting Malfunctions
Free safety education based on the federal Entry-Level Driver Training (ELDT) theory curriculum. This is not certified ELDT training and does not count toward a CDL.

The nineteenth unit of the federal Class A theory curriculum is Roadside Inspections. It covers what happens when an enforcement officer inspects a driver and vehicle on the road, and what it means to be placed out of service.

What this unit covers

Under 49 CFR Part 380, Appendix A, this unit covers what to expect during a standard roadside inspection conducted by authorized personnel. It also covers which vehicle and driver violations result in out-of-service orders, and the consequences and penalties of operating a commercial motor vehicle while under an out-of-service order, as defined in 49 CFR 390.5.

1. What an out-of-service order is

Under 49 CFR 390.5, an out-of-service order is a declaration by an authorized enforcement officer of a Federal, State, Canadian, Mexican, or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation is out of service. The order can be issued under certain federal rules (49 CFR 386.72, 392.5, 392.9a, 395.13, or 396.9), compatible laws, or the North American Standard Out-of-Service Criteria.

2. Types of roadside inspections

The Commercial Vehicle Safety Alliance (CVSA) defines levels of North American Standard inspections. Among them:

Level I: a full inspection that covers both the driver and the vehicle.
Level II: a walk-around driver and vehicle inspection, covering the items that can be checked without getting under the vehicle.
Level III: a driver, credential, and administrative inspection, such as the license, medical certificate, and records of duty status.
Level V: a vehicle-only inspection, done without the driver present.

Under CVSA policy, a vehicle that passes a Level I or Level V inspection with no critical vehicle inspection item violations can receive a CVSA decal.

3. Vehicle out-of-service

Under 49 CFR 396.9, authorized personnel declare and mark a vehicle "out-of-service" when its mechanical condition or loading would likely cause an accident or a breakdown. An "Out-of-Service Vehicle" sticker is used to mark it.
No one may operate a vehicle declared and marked out-of-service until all repairs required by the out-of-service notice have been satisfactorily completed. The regulation counts towing as operating, except towing by crane or hoist.
No one may remove the "Out-of-Service Vehicle" sticker before all of the required repairs are completed.

4. Driver out-of-service

Hours of service. Under 49 CFR 395.13, a driver can be ordered out of service for driving after being on duty longer than the hours-of-service rules allow, or, if required to keep a record of duty status, for not having one that is current for the day of the inspection and the prior seven consecutive days. A driver who has been ordered out of service must not operate a commercial motor vehicle until he or she may lawfully do so under the hours-of-service rules. If the order was for not having a record of duty status, the driver must first be off duty for the required number of consecutive hours and come into compliance.
Alcohol. Under 49 CFR 392.5, a driver found in violation of the alcohol rules in that section is placed out of service immediately for 24 hours, and must report the order to his or her employer within 24 hours and, generally within 30 days, to the State that issued his or her license.

5. After the inspection: the report

Under 49 CFR 396.9, a driver who receives an inspection report must deliver a copy to the motor carrier operating the vehicle and to the intermodal equipment provider when arriving at the next terminal or facility.
If the driver is not scheduled to arrive at one within 24 hours, the driver must immediately mail, fax, or otherwise send the report to them.
The motor carrier or intermodal equipment provider must examine the report and correct the violations or defects. Within 15 days after the inspection, it must certify that all violations have been corrected by signing the form, return the form to the issuing agency if requested, and keep a copy for 12 months.

6. Consequences of violating an out-of-service order

Under 49 CFR 383.51, a driver who is required to have a CLP or CDL and who is convicted of violating a driver or vehicle out-of-service order while operating a commercial motor vehicle is disqualified:

Nonhazardous materials: 180 days to 1 year for a first conviction; 2 to 5 years for a second conviction, and 3 to 5 years for a third or later conviction, in separate incidents within a 10-year period.
Hazardous materials, or a vehicle designed to transport 16 or more passengers including the driver: 180 days to 2 years for a first conviction; 3 to 5 years for a second or later conviction in separate incidents within a 10-year period.

Under 49 CFR 383.53, a driver convicted of violating an out-of-service order is also subject to a civil penalty, and so is an employer convicted of knowingly allowing a driver to operate while under an out-of-service order (49 CFR 383.37(d)). The penalty amounts are set in 49 CFR Part 386, Appendix B.

Quick check

Which CVSA inspection level is done without the driver present? (Answer: Level V.)
When can a vehicle marked "out-of-service" be driven again? (Answer: only after all repairs required by the out-of-service notice are satisfactorily completed.)
How long is a driver placed out of service for violating the alcohol rules in 49 CFR 392.5? (Answer: 24 hours.)

Find every Safety First lesson under DRIVE.

This lesson is general education, not legal advice. Out-of-service criteria and inspection procedures are updated from time to time, so confirm current rules with FMCSA, CVSA, and your state. Drivers getting their first Class A or Class B CDL, upgrading from Class B to Class A, or getting a hazardous materials, passenger, or school bus endorsement for the first time must, with limited exceptions, complete entry-level driver training from a provider listed on FMCSA's Training Provider Registry.

Sources

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