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Regulations |
395.13 Drivers declared out of
service.
(a) Authority to declare drivers out of service. Every special agent of the
Federal Motor Carrier Safety Administration (as defined in appendix B to
this subchapter) is authorized to declare a driver out of service and to
notify the motor carrier of that declaration, upon finding at the time and
place of examination that the driver has violated the out of service
criteria as set forth in paragraph (b) of this section.
(b) Out of service criteria. (1) No driver shall drive after being on duty
in excess of the maximum periods permitted by this part.
(2) No driver required to maintain a record of duty status under
395.8 or
395.15 of this part shall fail to have a record of duty status current
on the day of examination and for the prior seven consecutive days.
(3) Exception. A driver failing only to have possession of a record of duty
status current on the day of examination and the prior day, but has
completed records of duty status up to that time (previous 6 days), will be
given the opportunity to make the duty status record current.
(c) Responsibilities of motor carriers. (1) No motor carrier shall:
(i) Require or permit a driver who has been declared out of service to
operate a commercial motor vehicle until that driver may lawfully do so
under the rules in this part.
(ii) Require a driver who has been declared out of service for failure to
prepare a record of duty status to operate a commercial motor vehicle until
that driver has been off duty for the appropriate number of consecutive
hours required by this part and is in compliance with this section. The
appropriate consecutive hours off-duty period may include sleeper berth
time.
(2) A motor carrier shall complete the "Motor Carrier Certification of
Action Taken" portion of the form MCS-63 (Driver-Vehicle Examination Report)
and deliver the copy of the form either personally or by mail to the
Division Administrator or State Director Federal Motor Carrier Safety
Administration, at the address specified upon the form within 15 days
following the date of examination. If the motor carrier mails the form,
delivery is made on the date it is postmarked.
(d) Responsibilities of the driver. (1) No driver who has been declared out
of service shall operate a commercial motor vehicle until that driver may
lawfully do so under the rules of this part.
(2) No driver who has been declared out of service, for failing to prepare a
record of duty status, shall operate a commercial motor vehicle until the
driver has been off duty for the appropriate number of consecutive hours
required by this part and is in compliance with this section.
(3) A driver to whom a form has been tendered declaring the driver out of
service shall within 24 hours thereafter deliver or mail the copy to a
person or place designated by motor carrier to receive it.
(4) Section
395.13 does not alter the hazardous materials requirements prescribed in
397.5 pertaining to attendance and surveillance of commercial motor
vehicles.
[44 FR 34963, June 18, 1979, as amended at 47 FR 53392, Nov. 26, 1982; 51 FR
12622, Apr. 14, 1986; 53 FR 18058, May 19, 1988; 53 FR 38670, Sept. 30,
1988; 53 FR 47544, Nov. 23, 1988; 60 FR 38748, July 28, 1995; 68 FR 22516,
Apr. 28, 2003 |
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Page Last Updated:
Tuesday November 06, 2007 09:19 AM |
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