ICC bumper damage enough to put it out of service?

Comparative negligence is a thing.

Nuclear verdict alert: More than $16M awarded in Georgia court

Even if the visible damage to the ICC bar has no impact on it's ability to prevent a vehicle under run, good luck proving that in court. The jury is going to see the pictures and come to the same conclusion that a lot of us have - "that bumper ain't right". If there's a death, does the county prosecutor/ADA charge the truck driver with negligent homicide to further their political ambitions?

It's a bad risk to run that equipment. Move it to service? Sure, no problem. Take it to get loaded first? That's Nope-On-A-Rope. Maybe if Ops sent a message saying they have seen pictures of the bumper, believe it to be safe and legal, and will take full responsibility for any repercussions that arise.

 

Those are the exact thoughts DOT have when they see it too.

 

That trailer is just begging to be inspected. Look at it from the cop's point of view. A piece of junk like that with so much that's obviously wrong will just get you in trouble.
Time for another job.

 

393.86(a)(2): Impact guard width. The outermost surfaces of the horizontal member of the guard must extend to within 100 mm (4 inches) of the side extremities of the vehicle. The outermost surface of the horizontal member shall not extend beyond the side extremity of the vehicle.

From the looks of the picture i would say it doesn't meet that requirement by how far the sides are bent in, so it could be an OOS violation depending on the inspector. You were correct not to pull it and the company needs to spend the money to replace it.

 

A company's equipment says a lot about them. I have seen good well run companies with some beat up equipment, but that would be a very rare thing, or one piece of equipment you just happen to see, an outlier. If they could care less about their bumpers and the laws and administrative code and regs, it is probably worse than you think. That could be the place that says "those brakes will make it until spring". I have a family to go home to, I don't want to work for or with those types of people.

 

when has a ticket ever been issued to the company?

Colorado says bumper must extend the full width of axle.

 

All the info you need is here:
§ 393.86 Rear impact guards and rear end protection.

It looked good to me, but being smart is key. Always reference : Federal Register :: Request Access
When you don't know for certain you can cite the fine print in your books.