Truck Topics
Out of Service is OUT OF SERVICE!
In this issue of Road Law we'll tell you about a lot of recent calls we've had regarding drivers who violated their out of service order and got caught. Whether you're put out of service for not having your logbook up to date or for an equipment violation, out of service means OUT OF SERVICE! Here's a sample of a few of our most recent questions.
Question: I was stopped by the highway patrol and put out of service for eight hours because my logbook wasn't up to date. When the cop left, I started to drive my truck to the nearest truck stop to wait eight hours.
Before I got there, the same cop stopped me again and gave me another ticket for "Violating an Out of Service Order." I tried to explain that all I was doing was driving to the nearest truck stop to wait and that I hadn't logged "on duty." The cop still gave me the ticket. Why?
Answer: Once you're put out of service, you can't move your vehicle until the out of service time expires or the citing officer allows you to move. It's that simple. If you move your vehicle before the out of service time expires or without the officer's permission and you get caught, you'll usually get a ticket for violating the out of service order.
Unfortunately, there are no exceptions to the rule and if you are in the middle of the desert or the nearest truck stop is 30 miles away that's just too bad.
Question: I came into a scale house and had my logs and vehicle inspected. The officer found several defects that needed to be repaired and I was out of hours in my logbook. I was placed out of service for 8 hours and told not to leave until the truck was repaired and the 8 hours had elapsed.
I had the truck repaired, but decided to leave after the scale house closed at 11:00 PM. I just got a criminal summons in the mail from a court saying I have to appear to answer charges for violating an out of service order. What do I do?
Answer: First of all, never assume that just because the scale or any facility for that matter has closed that there isn't surveillance equipment or someone watching the location. In your case, you probably were seen on videotape leaving the scale house prior to your 8 hours expiring and the officer than filed the complaint with the district attorney's office.
Remember, an out of service order is a serious document. Whether it is for equipment reasons or for logbook reasons it is not something you want to violate. You might want to get your green and white Federal Motor Carrier Safety Regulation Pocketbook out and refer to the entire section of 383.51(d) for disqualification requirements.
In a nutshell, if you are convicted of your first violation of violating an out of service order, your CDL can be disqualified for not less than 90 days, but no more than 1 year. You may also want to check section 383.53 for the civil penalties involved. As the driver, you are to be assessed a civil penalty of not less than $1000, but no more than $2500.
Also, it is vital for all employers to know that under section 383.53(b)(2) that if you knowingly authorize, permit, allow or require a driver to operate a vehicle that has been placed out of service, you can be assessed a civil penalty of $2500, but no more than $10,000.
Depending on the evidence, you definitely need legal help with this matter. The penalties mentioned are from the FMCSR only. Each state may also have additional penalties to the ones listed above, which may entail misdemeanor classification and the possibility of jail time if convicted.
We hope you can use the information in this column to help with every day, real life problems you face on the road. We invite you to send us any questions or comments you may have regarding transportation law to:
Road Law
1330 N. Classen Blvd., Suite 215
Oklahoma City, OK 73106
fax to (405) 272-0558
www.roadlaw.net.
Phone (405) 272-0555.