Out of service orders

People tend to be as principled as they can afford to be. With a healthy bank balance, sure, stay put and do what you are told. If things are tight, the guy has to survive if he's an O/O, and if he doesn't have enough money for on the road rape repairs, he can still try to meet you halfway and get the repairs done at least in a licensed shop.

You are like a huge mighty oak laid out across the road on the path he was taking. Knowing you will refuse to move, he can sit there and die or find another path. It's just survival and may not really be a choice at all.

The law doesn't care what your "circumstances" or financial situation is. It just demands. Well that doesn't work and it's a terrible situation for someone to be in. Especially when the government KNOWS how terrible it is out there, apologizes publicly, yet refuses to trickle this understanding down in a way that allows companies a little flexibility.

 

Hardly worth it I think.

Link for entire article http://www.landlinemag.com/todays_news/Daily/2007/Jul07/070207/070607-05.htm

Penalties stiffened for violating out-of-service orders
Truckers violating out-of-service orders now face longer CDL suspensions and increased fines.
The Federal Motor Carrier Safety Administration published a final rule in the Federal Register Thursday, July 5, that implements quite a few provisions mandated by the current highway funding legislation.

Provisions in funding act signed into law in 2005 mandated, among other things, changes in penalties for violating out-of-service orders.
Included in the July 5 final rule are changes to both the CDL suspensions and civil penalties for truckers and employers of truckers who violate out-of-service orders.

Starting Sept. 4, truckers with non-hazmat loads busted violating an out-of-service order will lose their CDL for no less than 180 days and no more than one year for the first violation, a move that doubles the minimum suspension.

The suspensions go up to no less than two years and no more than five years for the second offense – again doubling of the current minimum suspension requirement of one year.

 

If you want to be a O/O, then you should have business smarts first. If you can't afford to run legal, and properly maintain your truck, then you have no business owning your own. I can't tell you how many O/O I see, that their truck looks like it is one step away from being in the junk yard. I actually seen a trucker once at a TA on I-30, in Texas that had most of his hood held together with duct tape..

 

I myself could not imagine leaving after being put out of service, guess I just dont have the guts. PharmPhail, I have been put oos a couple of times and there have been a couple where I have been givin some slack, it just depends on the situation. As far as affording to be principled, what does it matter if you make the extra two bucks now just to have four taken away after your caught, plus whatever other penalities might come your way. It's just a stupid move.

 

You're right guys. If he has a choice he should make the right one. Just saying a lot of people who haven't gone out of business are teetering on the edge. As you know a major breakdown can make the difference, but so can being put OOS. You're going to pay up to 4 times the worth of the repair on the side of the road. You just may not have it.

I've never been in this position, just saying I understand why someone may have to ignore the order and can still get within compliance as directed.

 

OOS means the truck cannot move. Compliance or not. Is the loss of a license worth moving the truck and not being able to earn money.

I see it as a poor judgement call. The service call to the oos spot is alot cheaper.

 

I don't know how else to say it. You all come back with an answer where the O/O has the money for the roadside repair. We're not in the same conversation. Just giving the driver in the scenario the benefit of the doubt if he was broke.

I liken it to 15 years ago when my DL got suspended. Still had to commute to work daily. It was risk, yet 1000's do it every day. It's a problem that needs a good solution. The solution always requires money, and you can't make any OOS or not working.

There's a difference between civil disobedience/disregard and what amount to economic induced 'crimes'. There are people working on this, but not making much headway.

 

I don't intend to make that impression. I have limited resources as an owner operator. I understand the issues. However, OOS violation is a serious matter. It is not like losing the personal drivers license and getting a work permit to get to work.

You lose the CDL, there is NO WORK PERMIT. We are held to a much higher standard.

Will people violate the OOS? Yes, but do they really understand the new restrictions? Is the cost worth it?

They have to make the decision.

Do note, if the vehicle is put out of service for a mechanical defect, driving the vehicle to get it fixed, what happens if it fails and someone dies?

An owner operator has to make the decision. I know that I will not violate the OOS at any cost.

 

Sure that was not one of those south TX trucking companies??? LMAO I have seen that before too, I have wondered how they did not get OOS for that.
Dieslbear I'm sorry you had to do that, Hey but that's you job... Now I have been put OOS before, In KY. I was driving for another big blue co. and got pulled around back for two reasons the officer said. 1. New bear in training and he wanted him to see how the lgs looked. (Computer) 2. He said it would be easy for his inspection as my truck was just freshly cleaned??? Any way he was doing his inspection and doing the steering check.. He asked me to step out of the truck and look at some thing.. Right away , 'cuz of what he was checking I spotted a bolt had fallen out just some time that morning, And yes. I did look that morning. I figure it had fallen out just about an hour before that was about the time I had heard a pop and thud, I stopped to look but did not see it.. I don't think that is even where I would have looked for a bolt to fall out or off... the carrier bracket for the front suspension. I got it replaced and gone in about an hour. And in a much safer feeling truck. Now would I violate an OOS? NFW that's flippen to those of you who don't know how I talk.. LOL Oh and since I am a company driver the cost is not my issue. If I violate the OOS I would not have a job by the time I made the delivery... Not to mention the other can't make any more money, the other half... well we will just say it would not be for public viewing...

 

Not only the vehicle, but violating a driver O/O/S is no different. One would still face the civil penalties plus the 383.51 ramifications as well.

And most owner operators will state without question (assuming they have read & understand the lessor/lessee agreement) that their contractual agreement with the carrier demands that if the carrier receives a civil penalty caused by that owner operator or his/her driver, the owner operator must reimburse the carrier up to "X" amount as stated in the lessor/lessee agreement.