No fire extinguisher = OOS violation or just a ticket???

Yeah; like 2 of them could agree on something... they are worse than the drivers...

 

how about this

(c) Motor vehicles declared "out of service".
(1) Authorized personnel shall declare and mark "out of service" any motor vehicle which by reason of its mechanical condition or loading would likely cause an accident or a breakdown. An "Out of Service Vehicle" sticker shall be used to mark vehicles "out of service".

 

He didn't say anything about a using it to discharged the extinguisher. And no, I'm not quoting no regs. I'm quoting what I believe to know. A fire extinquisher is part of the required saftey equipment on a truck & is a required object to look at on a persons pretrip. So if he noticed that his extinguisher was discharged or gone.... Why didn't you just go inside the truck stop & buy a new one? Instead of putting yourself in the position to where you have the possibly of being put out of service?

So my answer may not be the correct legal answer. But if you notice in your pretrip that your extinguisher is discharged... It's better to replace it right them & there (truck stops sell them) & remove all doubt of any shut down.


edited to add... Because I can!


Most driver's don't think about their fire extinguisher. There for, they don't check it. But back in 2006 I had a truck fire. What saved it from burning to the ground was the fact I luckily had a full extinguisher. Ever since then the extinguisher has been my top priority on my pretrips. I check it before I check my oil. So link I said, the answer I gave may not be the correct legal answer. But to me it is the correct common sense answer.

 

I got a fix it ticket for having a depleted one in Kansas a few years ago.

 

Emergency equipment

§393.95 Emergency equipment on all power units.
Each truck, truck tractor, and bus (except those towed in driveaway-towaway operations) must be equipped as follows:
(a) Fire Extinguishers
(a)(1) Minimum ratings:
(a)(1)(i) A power unit that is used to transport hazardous materials in a quantity that requires placarding (See §177.823 of this title) must be equipped with a fire extinguisher having an Underwriters’ Laboratories rating of 10 B:C or more.
(a)(1)(ii) A power unit that is not used to transport hazardous materials must be equipped with either:
(a)(1)(ii)(A) A fire extinguisher having an Underwriters’ Laboratories rating of 5 B:C or more; or
(a)(1)(ii)(B) Two fire extinguishers, each of which has an Underwriters’ Laboratories rating of 4 B:C or more.
(a)(2) Labeling and marking. Each fire extinguisher required by this section must be labeled or marked by the manufacturer with its Underwriters’ Laboratories rating.
(a)(3) Visual Indicators. The fire extinguisher must be designed, constructed, and maintained to permit visual determination of whether it is fully charged.
(a)(4) Condition, location, and mounting. The fire extinguisher(s) must be filled and located so that it is readily accessible for use. The extinguisher(s) must be securely mounted to prevent sliding, rolling, or vertical movement relative to the motor vehicle.
(a)(5) Extinguishing agents. The fire extinguisher must use an extinguishing agent that does not need protection from freezing. Extinguishing agents must comply with the toxicity provisions of the Environmental Protection Agency’s Significant New Alternatives Policy (SNAP) regulations under 40 CFR Part 82, Subpart G.
(a)(6) Exception. This paragraph (a) does not apply to the driven unit in a driveaway-towaway operation.



It's not a ticket unless the officer issues a citation. It is merely a violation on the inspection report. Before you are redispatched the violations listed must be repaired/corrected unless it is an out of service condition that must be fixed before you move. For the fire extinguisher violation, it is not an out of service defect.

d) Motor carrier disposition.
(1) The driver of any motor vehicle receiving an inspection report shall deliver it to the motor carrier operating the vehicle upon his/her arrival at the next terminal or facility. If the driver is not scheduled to arrive at a terminal or facility of the motor carrier operating the vehicle within 24 hours, the driver shall immediately mail the report to the motor carrier.
(2) Motor carriers shall examine the report. Violations or defects noted thereon shall be corrected.
(3) Within 15 days following the date of the inspection, the motor carrier shall—
(i) Certify that all violations noted have been corrected by completing the “Signature of Carrier Official, Title, and Date Signed” portions of the form; and
(ii) Return the completed roadside inspection form to the issuing agency at the address indicated on the form and retain a copy at the motor carrier’s principal place of business or where the vehicle is housed for 12 months from the date of the inspection.

 

See, some of us won't steer you wrong.

 

I've caught so many things on fire over the years, cars, chainsaws, myself, that I've always carried one no matter where I am. Cept for that one time I didn't, lol.

 

I almost caught a paper shredder on fire a while back.

Smoked my brakes 5 times today (US30 all the way across indiana, lights kept going red at the bad time, plus had a four wheeler miss an exit on a divided highway section, DID A UTURN AND WENT THE WRONG WAY FOR 500 FEET TO GET TO THE EXIT, RIGHT IN FRONT OF ME), ...

Used to work in a factory that caught on fire an average of once a month