what should i do after placed oos

Discussion in 'Questions From New Drivers' started by selinrosa, Sep 12, 2020.

  1. 062

    062 Road Train Member

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    Was this at a scale or roadside?
    Were you loaded?
     
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  3. selinrosa

    selinrosa Bobtail Member

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    at a highway weight station.i was hauling an empty trailor to yard.
     
    Last edited: Sep 13, 2020
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  4. dibstr

    dibstr Road Train Member

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    Actually it is.


    OPERATING AUTHORITY
    Operating a motor vehicle without the required operating authority or beyond the scope of the motor carriers’ operating authority. (Authority Required - 392.9a(a)(1) or Beyond Scope - 392.9a(a)(2)) Declare vehicle out-of-service until the proper operating authority is obtained.
     
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  5. daf105paccar

    daf105paccar Road Train Member

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    Hope they don't own you a lot off money.
     
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  6. 86scotty

    86scotty Road Train Member

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    Hauling an empty load? Interesting.
     
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  7. Moose1958

    Moose1958 Road Train Member

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    And you are 100% correct! What I was attempting to say is that vehicles are put out of service, the reason for the out of service is the suspension of the operating authority. Do you understand what I was trying to say now?
    It can get confusing when you use out of service this away in fact it took me a minute to realize what the OP was trying to say.
     
  8. Moose1958

    Moose1958 Road Train Member

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    I’ve never been in this situation! In fact, in some jurisdictions, a trucker can be arrested for violating an out of service order! As a trucker, Make dang sure that you can leave before you leave anytime you the driver or the vehicle has been placed out of service! This is one of the most serious offenses that a driver can do as it relates to DOT!
     
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  9. Moose1958

    Moose1958 Road Train Member

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    I don't think I did a good enough job of getting my point across. Yes, it is being placed OOS BY the FMCSA and it applies to EVERY unit being operated under those numbers. In the strictest of terms, this is the rightmost accurate way to describe it. It also can become confusing. If a driver is stopped because his carriers operating authority has been suspended and then to call it being placed OOS makes the driver look bad. This has actually happened before. In fact, I can't remember the carrier's name, but they failed for some reason to keep their authority active and the FMCSA suspended it. This caught several drivers way out on the west coast and stuck. One driver was stopped at the eastbound Ehrenburg AZ POE and had his truck impounded! Nasty mess. I was just always taught to understand operating authority is suspended and single trucks and drivers are the ones placed OOS!
     
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  10. dibstr

    dibstr Road Train Member

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    I was just always taught to go by the CVSA North American Standard Out Of Service Criteria which sets OOS criteria, not the FMCSA, and the NASOOSC manual states in a nutshell that if the authority is inactive the vehicle is to be placed OOS. The exact wording is in my previous post. End of story regardless of how you want to spin it.
     
  11. Moose1958

    Moose1958 Road Train Member

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    Wait a minute! I was not trying to spin anything. In fact, I know twice I stated you were correct! In fact, my exact words were "And you are 100% correct! ". My "spin" was saying OOS for an entire fleet can be confusing to some, I know it confused me for a few minutes. The part I made bold has a tiny flaw. While it is true CVSA sets the criteria it is ONLY the FMCSA that suspends operating authority. The CVSA has NO control over this AT ALL! The CVSA and the FMCSA are NOT the same thing, the CVSA is NOT a federal agency. In fact, the current president of the CVSA board of directors is a SGT in the Delaware State Police. These emails are published in the CVSA website and can be used by anyone if they have a questions about the CVSA! CVSA President Sgt. John Samis john.samis@state.de.us CVSA VP Capt. John Broers South Dakota Highway Patrol, john.broers@state.sd.us

    On a general note. some of the CVSA policies and the FMCSA rules are confusing and in some situations openly seem to contradict each other. This is why I always try to keep my answers simple and be careful with my use of a term that while correct can lead to confusion for new drivers. Heck, there are new drivers still dizzy trying to understand parts 382, 391, and 40 as it deals with drug and alcohol testing. Keeping these answers simple and being careful with terms that while true can be confusing.
     
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