If ABS systems are not functioning properly... does this place the vehicle "Out of Service" according to DOT regulations? A specific scenario being the problem exists on the trailer (not tractor), with ABS indicators lit on trailer and in cab dash. Thanks in advance...
The law only states that the system must be present on all tractor units after 1993 and 1998 in trailers. The malfunction indicators must also be functional. However NOWHERE in the regulation does it state that the system has to be functioning, only "present", so an indicated state of malfunction is not an OOS issue for either tractor or trailer. The ABS system not functioning does not interfere with the brake system working so it's not considered a violation.
This is purely a GUESS, but I would think not since the primary braking is still fully functional, and there must still be a fair number of rigs on the road built before ABS was introduced and implemented as standard on "newer" rigs.
They tried to mandate ABS brakes back in the 70's when the current FMVSS 121 brake system we have today came out but was quickly pulled as the electronics of the mid 70's was not up to the task.
It's not an OUT OF SERVICE violation. Thats what he was asking. They might write you a fix it ticket, but it's not going to put you out of service at a weigh station.
At any rate, read the FMVSS 121, no where does it say the system has to be "functioning", only that it has to be present and able to indicate a malfunction if one exists. Therefore a non functioning ABS system is not an OOS violation. http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=571.121
FMVSS 121 covers service brakes, of which the ABS system is one part. It is a violation and it can put you out of service.
