Out of Service Vehicle Procedures

Encountering a vehicle declared 'out of service' can be a bewildering experience, especially if it's your own. Whether you're a commercial driver facing an inspection or a regular motorist dealing with a breakdown, understanding the implications and procedures is crucial. This article delves into the official protocols surrounding 'out of service' declarations, who has the authority to make them, and what steps must be taken to rectify the situation, drawing from the regulations that govern vehicle safety in the United States and providing general advice for roadside incidents.

Who Has the Authority to Declare a Vehicle 'Out of Service'?

In the United States, the authority to declare a commercial motor vehicle 'out of service' rests with specific personnel who are duly authorised to conduct inspections. These individuals are designated as Special Agents of the Federal Motor Carrier Safety Administration (FMCSA). Their role is to ensure the safety of commercial vehicles operating on public roads. By law, these authorised personnel have the right to enter and inspect any commercial vehicle in operation, regardless of its location.

The process of inspection is formalised through documentation. An inspection report, specifically Form MCS 63, serves as a Driver Equipment Compliance Check. This form is used to meticulously record all findings made during a vehicle inspection. If a vehicle is found to be in a condition that poses a risk to safety or is likely to cause an accident or breakdown due to its mechanical condition or load, it will be declared 'out of service'.

The 'Out of Service' Declaration Process

When a motor vehicle is declared 'out of service', a specific procedure is followed to ensure compliance and safety:

1. Marking the Vehicle: Authorised employees are responsible for declaring and marking any motor vehicle as 'out of service' if its mechanical condition or load presents a hazard to operation and is likely to lead to an accident or breakdown. The official document used for this marking is the Out of Service Vehicle Form MCS 64. This form clearly indicates that the vehicle cannot be legally operated until repairs are completed.
2. Prohibition of Operation: Once a vehicle is marked 'out of service', no motor carrier company is permitted to allow any driver to operate it. Similarly, no individual is allowed to operate such a vehicle. This prohibition remains in effect until all the repairs specified on the 'out of service' notice (Form MCS 63) have been satisfactorily completed and certified.
3. Consequences of Violation: Operating a vehicle marked 'out of service' is a serious violation. This 'out of service' violation is recorded in the Commercial Driver's License Information System (CDLIS). A conviction for such a violation can have significant repercussions, potentially leading to the suspension of the driver's Commercial Driver's License (CDL). This underscores the importance of adhering strictly to 'out of service' orders.

Understanding 'Operation' in the Context of 'Out of Service'

The term 'operate' in this context has a specific definition. It includes not only driving the vehicle but also towing it. However, there is a crucial exception: a vehicle marked 'out of service' can be towed if it is being transported by a commercial towing vehicle specifically designed for towing, utilising a crane or hoist. In such cases, the combination of the emergency towing vehicle and the 'out of service' vehicle must meet the performance requirements for towing as stipulated by the FMCSA. This ensures that even when being moved, the 'out of service' vehicle does not pose an undue risk.

The Repair and Certification Process

Getting an 'out of service' vehicle back on the road requires a formal repair and certification process:

• No Removal of Stickers: It is explicitly forbidden for any person to remove the 'Out of Service Vehicle' sticker from a motor vehicle before all repairs indicated on the 'out of service' notice (Form MCS 63) have been completed. Tampering with these markings is a violation of the regulations.
• Certification of Repairs: The individual or entity responsible for completing the required repairs must sign the 'Certification of Repairman' section on Form MCS 63. This certification includes details such as the name of the shop or garage where the repairs were performed, and the exact date and time the repairs were finalised. If the driver themselves completes the necessary repairs, they must also sign and complete this certification. This step is vital for validating that the vehicle is now roadworthy.

Can an 'Out of Service' Vehicle Be Moved?

A common question arises regarding the movement of vehicles that have been placed 'out of service'. According to guidance related to Section § 396.9 (Inspection of motor vehicles and intermodal equipment in operation) and referencing § 396.3, there are specific conditions under which an 'out of service' vehicle may be moved:

• By Loading onto Another Vehicle: The vehicle can be moved if it is placed entirely onto another vehicle, effectively being transported as cargo.
• Towed with Specialised Equipment: It can be moved if it is towed by a vehicle equipped with a crane or hoist.
• If the Condition No Longer Exists: The vehicle may be driven if the specific 'out of service' condition that led to the declaration has been rectified, and the vehicle is now considered safe to operate.

It is imperative to note that these exceptions are strictly for the purpose of moving the vehicle to a repair facility or a safe location, not for continued operation on public roads if the underlying issue has not been resolved.

What to Do in Case of a Breakdown or Incident (General Advice)

While the specific regulations above pertain to commercial vehicles and their 'out of service' declarations, general advice applies to any driver experiencing a breakdown or being involved in an incident. Drawing from rules such as those found in the UK's Highway Code (e.g., Rule 281, 282, 283), here’s what you should do:

If You See Emergency Vehicles Ahead:

• Be aware of potential incidents.
• Slow down and prepare to move into another lane or stop safely.
• Follow directions from police or traffic officers regarding passage.

When Passing an Incident Scene:

• Remain alert for hazards like debris or slow-moving vehicles.
• Do not slow down unnecessarily, especially if the incident is on the opposite carriageway.
• Focus on the road ahead to avoid causing further incidents.

If You Are Involved in an Incident or Stop to Give Assistance:

• Prioritise Safety: Stop in a place of relative safety if possible.
• Warn Others: Use your hazard warning lights to alert other traffic.
• Personal Safety: Wear high-visibility clothing if you have it.
• Secure the Scene: Ask drivers to switch off their engines and stop smoking.
• Contact Emergency Services: Call emergency services (e.g., 999 in the UK) with full details of the location and any casualties. Use emergency telephones or mobile phones.
• Protect People: Move uninjured people away from vehicles to a safe place. Do not move injured people unless they are in immediate danger. Similarly, do not remove a motorcyclist's helmet unless essential and you are trained.
• Provide Aid: Be prepared to administer first aid if you are able.
• Stay Put: Remain at the scene until emergency services arrive.
• Exchange Details: Be prepared to exchange information with other parties involved (as per regulations like Rule 286).

Frequently Asked Questions

Q1: Can I drive my car if it has a flat tyre?

While not explicitly an 'out of service' declaration in the commercial sense, driving with a severely damaged tyre can be dangerous and may lead to a vehicle being unsafe to operate. It is best to replace the tyre or have it repaired by a professional before continuing your journey. If the damage is significant, it could be considered a condition that makes the vehicle hazardous.

Q2: Who is responsible for checking if repairs have been completed correctly?

The responsibility for ensuring that repairs are completed satisfactorily lies with the driver and the motor carrier company. The 'Certification of Repairman' on Form MCS 63 is signed by the person performing the repairs. However, subsequent inspections by authorised personnel can verify the quality of the repairs. For general breakdowns, it's the responsibility of the vehicle owner or driver to ensure repairs are done by qualified mechanics.

Q3: What happens if the repairs for an 'out of service' vehicle are not done properly?

If an 'out of service' vehicle is found to have not had the required repairs completed satisfactorily, or if the 'Out of Service Vehicle' sticker is removed prematurely, further penalties can be incurred. This could include additional fines, more severe consequences for the driver's CDL, and potentially stricter scrutiny of the motor carrier's operations.

Q4: Can I move an 'out of service' vehicle myself if I have the right tools?

You can only move an 'out of service' vehicle yourself if the specific condition that caused it to be declared 'out of service' no longer exists and the vehicle is safe to drive. Alternatively, you can move it by placing it entirely onto another vehicle or by towing it with a specialised towing vehicle equipped with a crane or hoist, ensuring all FMCSA towing performance requirements are met.

Q5: What should I do if I'm stranded and need assistance?

If you are stranded, prioritise your safety. Turn on your hazard lights. If you are on a highway, try to move your vehicle to the shoulder or a safe location if possible without endangering yourself or others. Contact emergency services or a roadside assistance provider. Provide your exact location, vehicle details, and the nature of the problem.

Understanding the 'out of service' procedures is vital for maintaining compliance and ensuring road safety. Whether you are a professional driver or a private motorist, awareness of these protocols can help you navigate difficult situations and keep yourself and others safe on the road.