Trucking Risk Advisor | January 2023

Top 10 Vehicle and Driver OOS Orders in Fiscal Year 2022

Federal Motor Carrier Safety Administration (FMCSA) roadside inspections are examinations of commercial motor vehicles (CMVs) and drivers by Motor Carrier Safety Assistance Program (MCSAP) inspectors. MCSAP inspectors conduct roadside inspections to ensure compliance with the Federal Motor Carrier Safety Regulations and Hazardous Materials Regulations.

If an inspection results in a serious violation, the driver is issued an out-of-service (OOS) order. These violations must be corrected before the driver or vehicle can return to service. The FMCSA keeps a close eye on the most common vehicle violations. This data can be used to maintain a safe fleet and keep businesses in compliance with the rules of the road. Here are the 10 most common OOS orders issued for vehicle and driver violations during the 2022 fiscal year.

Vehicle Violations

  1. Tire-flat or audible air leak

  2. Brakes out-of-service: The number of defective brakes is equal to or greater than 20% of the service brakes on the vehicle or combination

  3. Inoperative turn signal

  4. No/improper breakaway or emergency braking

  5. Flat tire or fabric exposed

  6. Inoperative brake lamps

  7. Inoperable required lamp

  8. Inspection, repair and maintenance violation

  9. Brake tubing and hose inadequacy

  10. Axle positioning parts defective/missing

Driver Violations

  1. Commercial driver’s license violation

  2. False report of driver’s record of duty status

  3. ELD: No record of duty status (ELD required)

  4. No record of duty status when one is required (ELD not required)

  5. General qualifications of drivers violation

  6. Driver failing to retain previous seven days’ records of duty status

  7. Driver does not have a valid operator’s license for the CMV being operated

  8. False record of duty status—Improper use of Personal Conveyance Exception

  9. Physical qualifications for drivers violation

  10. Prohibited from performing safety-sensitive functions per 382.501(a) in the Drug and Alcohol Clearinghouse

OOS violations can lead to both costly business disruptions and significant reputational harm. Thankfully, there are maintenance and preventive measures you can take to ensure your organization is prepared for roadside inspections. Reach out today to learn more.


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Commercial Risk Advisor | January 2023

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