Motor vehicle declared out of service

Last updated

A motor vehicle is declared in the United States as out of service by personnel authorized to perform inspections of commercial motor vehicles and are designated as Special Agents of the Federal Motor Carrier Safety Administration. These authorized personnel are by law able to enter upon and perform inspections of any and all Commercial vehicles in operation.

Contents

An inspection report, Form MCS 63, is a Driver Equipment Compliance Check, and shall be used to record findings from a motor vehicle selected for inspection.

Regulation

If a motor vehicle is declared out of service:

(1) Authorized employees shall declare and mark "out of service" any motor vehicle which by reason of its mechanical condition or load is hazardous to operate and likely to cause an accident or a breakdown. An Out of Service Vehicle Form MCS 64 shall be used to mark vehicles "out of service".

(2) No motor carrier company shall permit any driver to operate nor shall any person operate any motor vehicle declared and marked, "out of service" until all repairs required on the notice as failing Form MCS 63 have been satisfactorily completed.

This out of service violation is entered into Commercial Driver's License Information System and can result in the suspension of the drivers Commercial driver's license.[ citation needed ]

The term operate as used in this section shall include towing the vehicle unless the vehicle marked "out of service" is being towed away by means of a commercial vehicle used specifically for towing by crane or hoist, and that the vehicle combination emergency towing vehicle and the "out of service" vehicle meets the performance requirements of towing set by the Federal Motor Carrier Safety Administration

(3) No person shall remove the "Out of Service Vehicle" sticker from any motor vehicle prior to completion of all repairs required by the "out of service notice" on Form MCS63.

(4) The person or persons completing the repairs required by the "out of service notice" shall sign the "Certification of Repairman" in accordance with the terms prescribed on Form MCS 63, entering the name of shop or garage and the date and time the required repairs were completed. If the driver completes the required repairs, he/she shall sign and complete the "Certification of Repairman".

Disposition

Motor carrier's disposition of Form MCS 63:

Related Research Articles

<span class="mw-page-title-main">Commercial driver's license</span> License to operate large or heavy vehicles

A commercial driver's license (CDL) is a driver's license required in the United States to operate large and heavy vehicles or a vehicle of any size that transports hazardous materials or more than 15 passengers.

<span class="mw-page-title-main">Bicycle law in California</span>

Bicycle law in California is the parts of the California Vehicle Code that set out the law for persons cycling in California, and a subset of bicycle law in the United States. In general, pretty much all the same rights and responsibilities that apply to car drivers apply to bicycle riders as well.

<span class="mw-page-title-main">MOT test</span> Mandatory checkup for UK motor vehicles

The MOT test is an annual test of vehicle safety, roadworthiness aspects and exhaust emissions required in the United Kingdom for most vehicles over three years old. In Northern Ireland the equivalent requirement applies after four years. The requirement does not apply to vehicles used only on various small islands with no convenient connection "to a road in any part of Great Britain"; no similar exemption is listed at the beginning of 2014 for Northern Ireland, which has a single inhabited island, Rathlin. The MOT test was first introduced in 1960 as a few basic tests of a vehicle and now covers twenty different parts or systems on or in the vehicle.

<span class="mw-page-title-main">Truck driver</span> Person who earns a living as the driver of a truck

A truck driver is a person who earns a living as the driver of a truck, which is commonly defined as a large goods vehicle (LGV) or heavy goods vehicle (HGV).

<span class="mw-page-title-main">Commercial vehicle</span> Vehicle designed to transport persons or goods for compensation

A commercial vehicle is any type of motor vehicle used for transporting goods or paying passengers. Depending on laws and designations, a commercial vehicle can be any broad type of motor vehicle used commercially or for business purposes.

<span class="mw-page-title-main">Vehicle inspection</span> Testing for compliance with regulations

Vehicle inspection is a procedure mandated by national or subnational governments in many countries, in which a vehicle is inspected to ensure that it conforms to regulations governing safety, emissions, or both. Inspection can be required at various times, e.g., periodically or on the transfer of title to a vehicle. If required periodically, it is often termed periodic motor vehicle inspection; typical intervals are every two years and every year. When a vehicle passes inspection, often a sticker is placed on the vehicle's windshield or registration plate to simplify later controls, but in some countries—such as the Netherlands since 1994—this is no longer necessary. Most US inspection decals/stickers display the month's number and the year.

<span class="mw-page-title-main">Federal Motor Carrier Safety Administration</span> Agency of the US Department of Transportation

The Federal Motor Carrier Safety Administration (FMCSA) is an agency in the United States Department of Transportation that regulates the trucking industry in the United States. The primary mission of the FMCSA is to reduce crashes, injuries, and fatalities involving large trucks and buses.

<span class="mw-page-title-main">Professional Truck Driver Institute</span>

The Professional Truck Driver Institute (PTDI) is a non-profit organization that provides certification of training courses for drivers of commercial motor vehicles. It was formed in 1986 during the standardization of commercial driver's licensing by the Federal Motor Carrier Safety Administration in the United States. Its management was taken over by the TCA in 1996. PTDI is the first nonprofit organization to develop uniform skill performance, curriculum, and certification standards for the trucking industry and to award course certification to entry-level truck driver training courses and motor carrier driver-finishing programs.

PrePass is an intelligent transportation system (ITS) that electronically verifies the safety, credentials, and weight of commercial vehicles as they approach participating state highway weigh stations. Because they comply electronically, commercial carriers enrolled in PrePass are authorized to bypass these facilities rather than pull in for manual inspection.

<span class="mw-page-title-main">Vehicle recovery</span> Towing and recovery of automobiles

Vehicle recovery is the recovery of any vehicle to another place, generally speaking with a commercial vehicle known as a recovery vehicle, tow truck or spectacle lift.

<span class="mw-page-title-main">Driver's licenses in the United States</span>

In the United States, driver's licenses are issued by each individual state, territory, and the District of Columbia rather than by the federal government due to federalism. Drivers are normally required to obtain a license from their state of residence. All states of the United States and provinces and territories of Canada recognize each other's licenses for non-resident age requirements. There are also licenses for motorcycle use. Generally, a minimum age of 15 is required to apply for a non-commercial driver license, and 25 for commercial licenses which drivers must have to operate vehicles that are too heavy for a non-commercial licensed driver or vehicles with at least 16 passengers or containing hazardous materials that require placards. A state may also suspend an individual's driving privilege within its borders for traffic violations. Many states share a common system of license classes, with some exceptions, e.g. commercial license classes are standardized by federal regulation at 49 CFR 383. Many driving permits and ID cards display small digits next to each data field. This is required by the American Association of Motor Vehicle Administrators' design standard and has been adopted by many US states. The AAMVA provides a standard for the design of driving permits and identification cards issued by its member jurisdictions, which include all 50 US states, the District of Columbia, and Canadian territories and provinces. The newest card design standard released is the 2020 AAMVA DL/ID Card Design Standard (CDS). The AAMVA standard generally follows part 1 and part 2 of ISO/IEC 18013-1. The ISO standard in turn specifies requirements for a card that is aligned with the UN Conventions on Road Traffic, namely the Geneva Convention on Road Traffic and the Vienna Convention on Road Traffic.

In Canada, driver's licences are issued by the government of the province or territory in which the driver is residing. Thus, specific regulations relating to driver's licences vary province to province, though overall they are quite similar. All provinces have provisions allowing non-residents to use licences issued by other provinces and territories, out-of-country licences, and International Driving Permits. Many provinces also allow non-residents to use regular licences issued by other nations and countries. Canadian driver's licences are also valid in many other countries due to various international agreements and treaties.

<span class="mw-page-title-main">Hours of service</span> U.S. commercial motor vehicle driver working and rest period restrictions

Hours of service (HOS) regulations are issued by the Federal Motor Carrier Safety Administration (FMCSA) and govern the working hours of anyone operating a commercial motor vehicle (CMV) in the United States. These regulations apply to truck drivers, commercial and intercity bus drivers, and school bus drivers who operate CMVs. These rules limit the number of daily and weekly hours spent driving and working, and regulate the minimum amount of time drivers must spend resting between driving shifts. For intrastate commerce, the respective state's regulations apply.

<span class="mw-page-title-main">Electronic on-board recorder</span> Electronic device used to track the time a vehicle is being driven

An electronic on-board recorder (EOBR) is an electronic device attached to a commercial motor vehicle, which is used to record the amount of time a vehicle is being driven. This is similar to the tachograph, and is the American equivalent of the digital tachograph used in Europe. Trucks in the European Union are required to have digital tachographs installed, and are securely monitored by government agencies. However, in Europe, the new digital tachograph which is considered secure, can be tricked with a round magnet placed by drivers over the connection to the transmission box. Usually they tie a rope to that magnet, and with a simple pull, the magnet will disengage and will show that the driver started moving about half an hour ago . The majority of carriers and drivers in the United States currently use paper-based log books. On January 31, 2011, the U.S. Federal Motor Carrier Safety Administration (FMCSA) proposed a rule requiring Electronic On-Board Recorders for interstate commercial truck and bus companies. The proposed rule covers interstate carriers that currently use log books to record driver's hours of service. The proposal would affect more than 500,000 carriers in the United States and carriers that currently use time cards would be exempt.

The motor carrier safety rating is an evaluation given to an interstate commercial motor carrier by the Federal Motor Carrier Safety Administration (FMCSA).

The Highway Traffic Act is a statute in Ontario, Canada, which regulates the licensing of vehicles, classification of traffic offences, administration of loads, classification of vehicles and other transport-related issues. First introduced in 1923 to deal with increasing accidents during the early years of motoring in Ontario, and replacing earlier legislation such as the Highway Travel Act, there have been amendments due to changes to driving conditions and new transportation trends. For example, in 2009, the Act was revised to ban the use of cell phones while driving.

<span class="mw-page-title-main">Accident Towing Services Act</span> Victorian legislation

The Accident Towing Services Act 2007 is a law enacted by the Parliament of the State of Victoria, Australia. The act is the prime statute regulating the vehicle towing industry which provides towing and recovery services for light and heavy road vehicles across Victoria. It is predominately founded on safety and consumer protection sentiments. The act continued economic controls over the industry and contains occupational regulation characteristics. The style of the underlying regulatory scheme varies in parts and represents a blend which is prescriptive in some parts and performance and process-based in others.

Roadworthiness or streetworthiness is a property or ability of a car, bus, truck or any kind of automobile to be in a suitable operating condition or meeting acceptable standards for safe driving and transport of people, baggage or cargo in roads or streets, being therefore street-legal.

<span class="mw-page-title-main">Driver's license</span> Document allowing one to drive a motorized vehicle

A driver's license, driving licence, or driving permit is a legal authorization, or the official document confirming such an authorization, for a specific individual to operate one or more types of motorized vehicles—such as motorcycles, cars, trucks, or buses—on a public road. Such licenses are often plastic and the size of a credit card.

<span class="mw-page-title-main">British Columbia Commercial Vehicle Safety and Enforcement</span> Law enforcement agency

British Columbia Commercial Vehicle Safety & Enforcement is a provincial law enforcement agency that is responsible for the compliance and enforcement of the commercial transport sector, protection of the environment and transportation infrastructure of British Columbia, increasing road safety and protecting the motoring public.

References