Rules for facilty to be placed out of service at?

Discussion in 'Trucking Industry Regulations' started by keitht, Aug 17, 2012.

  1. keitht

    keitht Light Load Member

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    I'm having trouble finding where the regs or the Out of Service criteria discuss where a driver can be placed out of service in regards to suitable facilities. Can anyone help?
     
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  3. ac120

    ac120 Road Train Member

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    Define "suitable."

    I don't think you'll find what you're looking for in the regs. When a driver is OOS it means
    he/she may not drive a commercial vehicle until he/she is legal again. He/she may get a ride with someone or drive a noncommercial vehicle. No showers, restaurant, or room service at the place you were placed OOS? Too bad. You're busted. Period.
     
  4. CondoCruiser

    CondoCruiser The Legend

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    It looks like it's up to the state. The one time I got a OoS in LA, he made me drive 16 miles to the nearest truck stop. He said he would check on me and I better be there. Another 15 miles and I could of delivered. :(
     
    CAXPT Thanks this.
  5. RickG

    RickG Road Train Member

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    Suitable is anywhere you are caught running in violation of HOS . An LOE would be liable if he allowed a driver to drive any distance in violation .
     
  6. nikmirbre

    nikmirbre Road Train Member

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    It may vary just depends on the officer. Ive been shut down 1 time at a scale house in GA. If you get shut down on a roadside, they arent gonna make u sit on the side of the road or off ramp. They will more than likely have u drive to nearest truckstop. If your asking what are the minimum amenities you must be surrounded by to be shut down i dont have an answer suitable for that.
     
  7. RickG

    RickG Road Train Member

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    Read the question and answer again . The question asks if the driver can drive ANY vehicle . The answer says it applies to CMV's . State regulation cannot supercede FMCSR . I interpret the question to be asking about non-CMV's. For example a carrier could send another driver in a car or pickup to drive the CMV and the OOS driver would drive the car or pickup .
     
  8. CondoCruiser

    CondoCruiser The Legend

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    Show me where you see that? I don't see the words "ANY vehicle" ?

    What I see is him asking if they can be forced to sit in a barren chicken coop parking lot.

    Look at question #1 again. The FMCSA wouldn't say that if there wasn't any state leverage.

     
  9. RickG

    RickG Road Train Member

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    Question 1: May a driver operate any motor vehicle, at the direction of the motor carrier, after being placed out of service for an hours of service violation?
    Guidance: An out of service order issued under §395.13 extends only to the operation of Commercial Motor Vehicle (CMV)s. State procedures may differ.
    That's where I saw it. "May a driver operate ANY motor vehicle ... "
     
  10. nikmirbre

    nikmirbre Road Train Member

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    I think he is just talking about WHERE a driver can be placed OOS in the OP.
     
  11. Scalemaster

    Scalemaster Heavy Load Member

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    As previously stated, the regs don't say "where".

    If I stop you roadside and place you or the vehicle out of service, I may escort you off the shoulder of the road to the nearest safe place to park. It may not be a place where there are services, that is not a factor, I just may need to get you off of the shoulder of the road.

    If I put you out of service at the scalehouse, right here is where you will be placed out of service.
     
    Okieron, RickG, ac120 and 2 others Thank this.
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