Carriers Out-of-Service Orders: The Paths That Get You There

There are several paths that can result in a carrier being placed out of service. Fortunately, they are all avoidable.

Being found Unsatisfactory after a compliance review

If a carrier is found lacking safety management controls in enough areas during a compliance review, the carrier is assigned a rating of Unsatisfactory. If the carrier does not take the required corrective actions within 45 or 60 days (depending on the type of carrier), the DOT number will be placed out of service.

Solution: Work every day to make sure your drivers and vehicles pass roadside inspections and your drivers avoid crashes. This will prevent violations and crashes from happening, which are the events that trigger a compliance review. Also, always be ready for a compliance review. This means having your company records, driver qualification process and files, drug testing program and records, driver training, driver records of duty status, and vehicle maintenance program and files in order.

Non-payment of a penalty

If you are penalized by the Federal Motor Carrier Safety Administration (FMCSA) following a compliance review, investigation, or an audit, and you do not pay the fine, you will receive an out-of-service order. Penalties get unmanageable when several serious violations, such as using drivers with no licenses, using unqualified drivers, not having a drug and alcohol testing program when required, using drivers that have failed a drug test and not completed the return to duty process, false logs and other documents, etc. are discovered.

Solution: The key to avoiding this one is similar to the last one. Follow the regulations. If you are attempting to comply but errors are found during a review, investigation, or audit, the penalty will be much lower and likely manageable.

Being found to be an imminent hazard

Carriers are declared an imminent hazard if they have committed serious and/or repeat violations, or if they are involved in a crash and serious compliance issues are discovered during a post-crash investigation.

Solution: Much like the other situations, the key here is to comply with the regulations. This will prevent serious repeat violations. Also, if you are trying to comply and issues are found during a post-crash investigation, they are likely to be minor and you will not end up dealing with an imminent hazard situation.

Refusing to participate in a compliance review or new entrant audit

This occurs when the carrier is notified of an upcoming compliance review, investigation, or safety audit (new entrants MUST undergo a safety audit during their first 18 months of operation). Refusal to participate (including ignoring the notification) will result in the investigator beginning the process of shutting down the carrier’s DOT number.

Solution: If you receive communications from the agency, contact your local FMCSA or state motor carrier office (depending on who was trying to contact you) and verify it was them that contacted you. If it was, answer the questionnaire and provide the required documents at the time and location requested.

Conclusion

The key to avoiding an out-of-service order is to comply with the safety regulations on a daily basis. This accomplishes two things, First, it prevents violations and crashes which is the first step toward an out-of-service order. Second, it makes any visit by FMCSA or state motor carrier enforcement office survivable.