Who this is for: CDL drivers, owner-operators, fleet managers, motor carriers
Out-of-Service Criteria for CMV Drivers and Vehicles
An out-of-service (OOS) order prohibits a driver or vehicle from operating until a specific violation is corrected. OOS conditions include HOS violations, brake defects, tire failures, and lighting problems. OOS events are recorded in FMCSA's Safety Measurement System (SMS) and affect CSA scores.
What Is an Out-of-Service Order?
An out-of-service (OOS) order is a declaration by a federal or state enforcement officer that a driver, vehicle, or carrier may not operate until a specific violation is corrected. OOS orders are issued during roadside inspections and are based on the Commercial Vehicle Safety Alliance (CVSA) North American Standard Out-of-Service Criteria, which FMCSA endorses.
Driver Out-of-Service Conditions
A driver may be placed OOS for: (1) exceeding hours-of-service driving or on-duty limits, (2) operating without a valid CDL or with a suspended license, (3) having a CDL in a state of revocation or disqualification, (4) operating while impaired by alcohol or drugs (any BAC ≥ 0.04% for CDL drivers), (5) failing to have required medical certification on file, or (6) ELD malfunctions handled improperly.
Vehicle Out-of-Service Conditions
Common vehicle OOS conditions include: brake system defects (brake adjustment, air leaks, brake lining issues), tire conditions (tread depth below minimums, flat tires, bulges), lighting failures on required lights, steering defects, coupling device defects, fuel system leaks, exhaust system defects, and suspension failures. The full CVSA OOS criteria are updated periodically and cover all major vehicle systems.
How OOS Orders Affect CSA Scores
Roadside inspection violations — including OOS orders — are recorded in FMCSA's Safety Measurement System (SMS) under the CSA (Compliance, Safety, Accountability) program. OOS violations carry higher point weights than non-OOS violations. OOS events appear in a carrier's Behavior Analysis and Safety Improvement Categories (BASICs), which can trigger FMCSA interventions and affect a carrier's ability to obtain freight contracts.
What to Do If Placed Out of Service
A driver or vehicle placed OOS must not operate until the OOS condition is corrected. For drivers, this means the hours-of-service issue must be resolved (rest time taken) or the license or medical issue addressed before driving resumes. For vehicles, the defect must be repaired and documented before the vehicle re-enters service. Drivers should retain any OOS paperwork and ensure the carrier is notified.
Challenging OOS violations through DataQs
If a roadside inspection produces a violation you believe is factually inaccurate — the wrong vehicle unit number, an incorrect violation code, or a defect the inspection record claims was present but wasn't — the DataQs system at dataqs.fmcsa.dot.gov lets you file a challenge. The state agency that submitted the original record reviews it and responds. Successful challenges correct the underlying MCMIS record, which reduces CSA points at the next monthly SMS update. DataQs handles data accuracy, not disputes about an officer's judgment at the scene. Document your evidence — photos, maintenance records, ELD data — before filing. Challenges without supporting documentation rarely succeed.
Frequently Asked Questions
What is the OOS rate and why does it matter?
The OOS rate is the percentage of inspections in which a vehicle or driver is placed out of service. FMCSA tracks OOS rates by carrier and publishes them in SMS. High OOS rates relative to peers can trigger FMCSA intervention and affect insurance and broker relationships.
Can a driver challenge an OOS order?
Drivers and carriers may contest inaccurate OOS records through the DataQs system. DataQs addresses data accuracy — wrong vehicle unit number, incorrect violation code, defect recorded as present when it wasn't — but does not allow challenging the officer's judgment at the scene.
Is an OOS order the same as a citation?
No. An OOS order prevents operation until the specific condition is corrected. A citation is a separate legal charge. States often issue citations alongside OOS orders, but they are distinct: the OOS record appears in FMCSA's database and affects CSA scores; the citation follows the state's court process.
How long does an OOS violation stay on a carrier's record?
OOS violations remain in FMCSA's MCMIS database but fall outside the CSA scoring window after a defined period — 24 months for crash data and approximately 36 months for inspection violations in terms of their scoring contribution. The underlying record doesn't disappear from the database, but older events stop contributing to BASIC scores once they age past the relevant window.
Can a vehicle be placed OOS for a defect that wasn't causing immediate danger?
Yes. The CVSA OOS criteria are based on defined thresholds, not the officer's subjective assessment of immediate danger. Certain defects — brake adjustment beyond a specific limit, tire tread below the minimum, cracked rims — trigger OOS regardless of whether the officer perceives an immediate hazard from that defect in that specific context. Compliance with the threshold determines OOS, not the officer's risk assessment.