Anyone know the Regs on this ?

Regulations Section

Guidance for § 396.9: Inspection of motor vehicles and intermodal equipment in operation.
Question 1: Under what conditions may a vehicle that has been placed ‘‘out of service’’ under §396.3 be moved?

Guidance: The vehicle may be moved by being placed entirely upon another vehicle, towed by a vehicle equipped with a crane or hoist, or driven if the ‘‘out of service’’ condition no longer exists.

Question 2: Is it the intent of §396.9 to allow "out of service" vehicles to be towed?

Guidance: Yes; however, not all out of service vehicles may be towed away from the inspection location. The regulation sets up a flexible situation that will permit the inspecting officer to use his/her best judgment on a case-by-case basis.

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§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 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; 70 FR 50073, Aug. 25, 2005; 75 FR 17245, Apr. 5, 2010; 77 FR 28451, May 14, 2012]

 

No, you may not drive away in any capacity even personal conveyance. Once you have been put OOS for an HOS violation you lose the opportunity to use PC, truck and trailer stay right where they put you OOS. Your only choices are to sleep in the truck or get a ride to a nearby hotel, house, or have another qualified driver come drive your rig away for you.

The theory is that even though you can drive a commercial motor vehicle off-duty under personal conveyance, once placed out of service it is a violation of 49 CFR 395.13(2) to operate a commercial motor vehicle after being placed out of service until the appropriate number of hours has passed to reset your log. Your bobtail truck is still a commercial motor vehicle in most cases, except may you as a hot shot with a lower gvwr truck, although if the gvwr is greater than 10,001 pounds even then it is still a CMV.

The driver in question most likely was arrested for disobeying a direct and lawful order, he was told to stay put and refused to do so, and was attempting to operate a CMV in violation of the regulations, so arrest was the only way to shut him down. There was guidance to this question, however when I just went to the FMCSA site the guidance question is still there but the answer is gone, don't know if it is a script error or because the FMCSA is reviewing and updating all guidance q&a's it is unavailable at the moment.

 

Have to go to the CFR...

 

You could how ever probably unload one of the cars off your trailer and drive it away as long as the conditions were right.
Most of my customers cars are plated and I have moved them back and forth for years.
If I called any of them and asked if I could borrow there car to go get a hotel room they would say sure no problem.

 

Sounds good but I don't think that'll fly because when you're put out of service for HOS unloading the vehicle would fall under on duty not driving.

 

As far as I know when you are put out of service you can still do work you just can't drive.
You would however need a ten hour break starting from the time you were done unloading.