level 1 out of service yet not out of service

Discussion in 'Ask An Owner Operator' started by Ezrider_48501, Oct 27, 2018.

  1. Ezrider_48501

    Ezrider_48501 Road Train Member

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    so i got stopped for a level 1 today i was on my way home for the weekend empty. had a couple violations not really contesting that they didn't exist but one of them they marked as oos on the inspection report, i asked the officer about it, asking so am i out of service then, as he did not mention anything to me about being out of service. and he said well no your not out of service you just need to get it fixed before you take your next load.

    im not sure if when this comes up on my company record if i should dataq it and argue that i was not out of service or if i should just be happy that he didn't make me fix it before leaving. there was no oos sticker issued and i was not placed out of service but the inspection report shows a oos

    level 1black.jpg


    here is the oos violation they wrote up. i knew about this prior have one on the shelf for it just have not gotten to it yet, it doesn't leak or anything just has a rust hole in the return spring side. type 30 service brake only chamber.
    [​IMG]

    the other volations im not as concerned about as there not oos

    but ill include some pictures anyway
    [​IMG]
    tire is still legal tread depth fully inflated but its starting to chunk out already have 4 new drive tires for it but was trying to wait till i was done hauling off road in probably a couple more weeks to change them

    [​IMG]
    my fully charged fire extinguisher was not in its bracket, my bad i know better.

    the other 2 are pretty self explanatory.

    abs light fails to illuminate on self check

    and 1 marker light on the trailer out,
    tapped on the light and it came back on after the dot inspection was finished go figure. probably a corroded wire, ill have to take care of.
     
    Last edited: Oct 27, 2018
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  3. GreenPete359

    GreenPete359 Road Train Member

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    Wonder what the “U” means under the verify column?

    Fyi the tire. Put some black silacone in there. And keep it with you, because youbmost likely need to re-apply later. Don’t go swapping that tire yet.

    As for the oos. I’m as lost as you. I’d say chuck it as a goof and move on. The violation it what it is. I don’t believe being oos makes it carry any more weight.
     
  4. brian991219

    brian991219 Road Train Member

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    What he did is technically incorrect, although the brake violation is typically an out of service condition, because it did not equal more than 20% of your braking capacity he could not place you out of service.

    As for fixing it before your next dispatch, that is the case with all noted violations. They must be corrected prior to the next dispatch and the form must be signed and returned within 15 days stating you eithet fixed the violations or placed the vehicle permanently out of service.
     
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  5. brian991219

    brian991219 Road Train Member

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    The U means verification of correction nm of the out of service condition by an officer is not necessary before driving away.
     
  6. windsmith

    windsmith Road Train Member

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    I had an inspection that included a violation that was at the OOS level (cracked trailer door frame). The inspector noted it, but since I was not loaded, he did not put me OOS, and said that it needed to be repaired before I was loaded.
     
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  7. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

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    One brake, even if it was not working at all, should not be oos, as long as you still have 80% of the brakes working. I would point this out if I did the DataQ thinng.
     
    Last edited: Oct 27, 2018
  8. Ezrider_48501

    Ezrider_48501 Road Train Member

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    [QUOTE="
    As for the oos. I’m as lost as you. I’d say chuck it as a goof and move on. The violation it what it is. I don’t believe being oos makes it carry any more weight.[/QUOTE]

    my concern is that it will show up in the % of oos inspections on my company when i wasn't placed out of service, and as also mentioned 1 break can that's defective but still functional is not 20% of my brakes esp on a 7 axle rig.
     
  9. Buckeye 60

    Buckeye 60 Road Train Member

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    jeez I thought I put things off
     
  10. gokiddogo

    gokiddogo Road Train Member

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    2 extra points isn't it? For the y under oos.
     
  11. Ezrider_48501

    Ezrider_48501 Road Train Member

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    i don't know first time iv ever had a oos marked on a inspection report they have gotten me on a couple other non oos things before but never had a oos violation.

    most of you guys know i take pretty good care of my truck was kinda bad timing to get an inspection right on the tail end of dirt work season on my way home at the end of the week. but i wont make excuses.
     
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