April 1, 2024, marked the implementation of the new Commercial Vehicle Safety Alliance’s (CVSA) 2024 North American Standard Out-of-Service Order Violation Criteria.
These new criteria are now in effect, replacing and surpassing all prior versions. Certified commercial motor vehicle enforcement personnel utilize these criteria to assess whether drivers or vehicles pose an immediate danger and should be taken out of service.
By combining federal regulations with the CVSA's criteria, a standard is established for drivers, motor carriers, and law enforcement to ensure the safety and compliance of commercial motor vehicles (CMV) and professional drivers on North American roads.
In the previous year, the voting members of the Alliance endorsed 11 modifications to the out-of-service (OOS) order criteria.
These proposed changes were shared with the voting members on October 5, 2023, and officially ratified on October 20, 2023, in accordance with the CVSA By-laws. The OOS order criteria are subject to annual updates, with the changes taking effect on April 1 of each year.
Since there are different formats and languages, you can order the 2024 “CVSA Out-of-Service Criteria” from the CVSA online store or purchase the CVSA app from Google Play or the Apple Store. Bulk orders of training handbooks are available.
Operating a CMV Under an OOS Order Is an DOT FMCSA “Disqualifying Offense”
As a reminder, operating a CMV that is under an out-of-service (OOS) order is a disqualifying offense. The driver and carrier are subject to civil penalties, such as:
“A driver who is convicted of violating an out-of-service order shall be subject to a civil penalty of not less than $1,000 nor more than $2,500, in addition to disqualification under Section 383.51(d).”
“An employer who is convicted of a violation of Section 383.37(c) shall be subject to a civil penalty of not less than $2,500 nor more than $10,000.”— DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
Further, the driver is subject to:
First Offense— The commercial driver convicted of violating an OOS order faces a driver disqualification of between 90 days and one year.
First Violation of a Hazardous Material (HM) Violation— The Hazardous Material driver convicted of violating an OOS order faces a driver disqualification of between 180 days and two years “while transporting hazardous materials required to be placarded.”
Second Offense— The commercial driver convicted of violating a second OOS order within ten years faces a driver disqualification of “at least one year and not more than five years.”
Second Offense of a Hazardous Material Violation— The HM driver convicted of violating a second OOS order faces a driver disqualification of “at least three years and not more than five years while transporting hazardous materials required to be placarded.”
Third or Subsequent Offense— The commercial driver convicted of violating a third or subsequent OOS order within ten years faces a driver disqualification of “at least three years and not more than five years.”
CDL Holders Must Dispute an Out-of-Service Order Violation with a CA Traffic Attorney in Court
Regardless of the rumors and naysayers, a commercial driver’s license (CDL) holder must dispute an out-of-service order violation and all moving violations in court with the assistance of a CA traffic attorney.
Traffic attorneys, who routinely assist commercial drivers with traffic tickets in Roseville Courthouse, know the judges, the court personnel, many of the law enforcement officers, and how to obtain the officer’s statement and other legal documents required to defend your position.
As in all other cases, the State must prove “beyond a reasonable doubt,” you were guilty of the violation. In many cases, it is easy for a traffic attorney to convince a judge of reasonable doubt for a complete dismissal or negotiate a plea deal for a non-moving violation.
Typically, the driver must still pay a fine for a no-point conviction, but there are no points. Therefore, the conviction is not sent to the DMV, your employer, or FMCSA.
Consult Bigger & Harman About an Out-of-Service (OOS) Order Violation in Roseville Courthouse
When you are accused of an out-of-service order violation or any moving violation in Roseville, CA, contact Bigger & Harman for an initial consultation at (661) 349-9300. Se habla Español (661) 349-9755.
Email attorney@biggerharmanlaw.com or use our convenient online contact form.
Download our e-book, Protecting Your Commercial Driver License.
References:
The Teamster.org article, Out-of-Service Criteria.
The CVSA.org article, CVSA’s 2024 Out-of-Service Criteria Now in Effect.
The DMV Portal CA Commercial Driver Handbook.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.