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Understanding Out-of-Service Order [Transportation]: Key Legal Insights
Definition & Meaning
An out-of-service order is an official declaration made by a qualified enforcement officer from any jurisdiction, including federal, state, Canadian, or Mexican authorities. This order indicates that a driver, a commercial motor vehicle, or a motor carrier operation is not permitted to operate due to safety concerns or violations of specific regulations. The order is based on various federal regulations, including 49 CFR 386.72, 392.5, 392.9a, 395.13, or 396.9, as well as the North American Standard Out-of-Service Criteria.
Table of content
Legal Use & context
The term "out-of-service order" is primarily used in the context of transportation law and safety regulations. It is relevant in various legal practices, particularly in administrative law and regulatory compliance. This order can impact drivers, motor carriers, and commercial vehicle operations, often involving legal forms and procedures that users can manage with the right resources, such as US Legal Forms templates.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A commercial truck driver is found to be operating a vehicle with faulty brakes. An enforcement officer issues an out-of-service order, preventing the driver from continuing their route until the vehicle is repaired.
Example 2: A trucking company is cited for multiple violations of hours-of-service regulations. The enforcement officer issues an out-of-service order for the company's operations until compliance is achieved. (hypothetical example)
Relevant laws & statutes
The out-of-service order is governed by several federal regulations, including:
49 CFR 386.72 - Out-of-service orders
49 CFR 392.5 - Operating a commercial motor vehicle without a valid medical certificate
49 CFR 395.13 - Hours of service of drivers
49 CFR 396.9 - Out-of-service criteria for vehicles
State-by-state differences
State
Differences
California
State-specific regulations may impose additional requirements for out-of-service orders.
Texas
Texas may have unique enforcement practices regarding out-of-service orders.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Differences
Suspension
A temporary removal of a driver's license or a vehicle's operation privileges.
Suspension is typically a legal penalty, while an out-of-service order is a safety measure.
Revocation
A permanent cancellation of a driver's license or vehicle operation privileges.
Revocation is more severe than an out-of-service order, which can be lifted once compliance is achieved.
Common misunderstandings
What to do if this term applies to you
If you receive an out-of-service order, it is crucial to understand the reasons behind it. Take the following steps:
Review the order details to identify the violations.
Address the issues promptly, such as repairing vehicle defects or ensuring compliance with regulations.
Consult legal resources or templates available through US Legal Forms to handle any necessary paperwork.
If the situation is complex, consider seeking professional legal advice.
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