49 C.F.R. § 395.13

Drivers ordered out of service

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(a) Authority to order drivers out of service. Every special agent of the Federal Motor Carrier Safety Administration (as defined in appendix B to part 390 of this chapter) is authorized to order a driver out of service and to notify the motor carrier of that order, upon finding at the time and place of examination that the driver has violated the out-of- service criteria as set forth in paragraph (b) of this section.

(b) Out of service criteria. (1) No driver shall drive after being on duty in excess of the maximum periods permitted by this part.

(2) No driver required to maintain a record of duty status under § 395.8 shall fail to have a record of duty status current on the day of examination and for the prior seven consecutive days.

(3) Exception. A driver failing only to have possession of a record of duty status current on the day of examination and the prior day, but has completed records of duty status up to that time (previous 6 days), will be given the opportunity to make the duty status record current.

(i) Require or permit a driver who has been ordered out of service to operate a commercial motor vehicle until that driver may lawfully do so under the rules in this part.

(ii) Require a driver who has been ordered out of service for failure to prepare a record of duty status to operate a commercial motor vehicle until that driver has been off duty for the appropriate number of consecutive hours required by this part and is in compliance with this section. The appropriate consecutive hours off duty may include sleeper berth time.

(2) A motor carrier shall complete the “Motor Carrier Certification of Action Taken” portion of the form “Driver/Vehicle Examination Report” and deliver the copy of the form either personally or by mail to the Division Administrator or State Director Federal Motor Carrier Safety Administration, at the address specified upon the form within 15 days following the date of examination. If the motor carrier mails the form, delivery is made on the date it is postmarked.

(d) Responsibilities of the driver. (1) No driver who has been ordered out of service shall operate a commercial motor vehicle until that driver may lawfully do so under the rules of this part.

(2) No driver who has been ordered out of service, for failing to prepare a record of duty status, shall operate a commercial motor vehicle until the driver has been off duty for the appropriate number of consecutive hours required by this part and is in compliance with this section.

(3) A driver to whom a form has been tendered ordering the driver out of service shall within 24 hours thereafter deliver or mail the copy to a person or place designated by the motor carrier to receive it.

(4) Section 395.13 does not alter the hazardous materials requirements prescribed in § 397.5 pertaining to attendance and surveillance of commercial motor vehicles.

[44 FR 34963, June 18, 1979, as amended at 47 FR 53392, Nov. 26, 1982; 51 FR 12622, Apr. 14, 1986; 53 FR 18058, May 19, 1988; 53 FR 38670, Sept. 30, 1988; 53 FR 47544, Nov. 23, 1988; 60 FR 38748, July 28, 1995; 66 FR 49874, Oct. 1, 2001; 68 FR 22516, Apr. 28, 2003; 70 FR 50073, Aug. 25, 2005; 75 FR 17245, Apr. 5, 2010; 77 FR 28451, May 14, 2012; 83 FR 22878, May 17, 2018; 86 FR 57076, Oct. 14, 2021; 88 FR 80192, Nov. 17, 2023; 89 FR 90624, Nov. 18, 2024]

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1999–2023 · leading case: Scott v. Milosevic

Sort: Relevance Newest Treatment

Scott v. Milosevic (2019) iand “See 49 C.F.R. § 395.13 "New entrants" are authorized to conduct business with their motor carrier certificate but they are subject to safety audits.”

United States v. Michael James Knight (2002) ca8 “See 49 C.F.R. § 395.13 . In order to take a driver and his shipment off the road for inaccuracies in a logbook, an officer needs to ascertain that there are false entries relevant to whether the driver can safely continue to operate his truck on that day.”

United States v. Parker (2009) ca8 “is authorized to declare a driver out of service and to notify the motor carrier of that declaration, upon finding at the time and place of examination that the driver has violated the out of service criteria as set forth in [the following:] .”

Meghoo v. Commonwealth (2008) ky “600, 601 KAR 1:005, adopting 49 C.F.R. § 395.13 11 . United States v. Holloman, 113 F.”

Commonwealth v. Noack (1999) pasuperct · cites it 5× “¶ 4 Appellant presents the following issues for our review: (1) whether the exception contained in 49 C.F.R. § 395.13 (b)(3) should have been applied to him; (2) whether he was improperly subjected to double jeopardy; and (3) whether the Pennsylvania Code section upon which his…”

Com. v. Gallagher, R. (2019) pasuperct “” 49 C.F.R. § 395.13 (b)(3). -3- J-S65033-19 established beyond a reasonable doubt, the sufficiency of the evidence claim must fail.”

The Matter of Owner Operator Independent Drivers Association v. New York State Department of Transportation (2023) ny “For example, authorized officials are empowered to place drivers out of service if they violate the hours-of-service requirements (see 49 CFR 395.13), and such violations can be discovered using ELD data.”

United States v. Michael Knight (2002) ca8 “See 49 C.F.R. § 395.13 . In order to take a driver and his shipment off the road for inaccuracies in a logbook, an officer needs to ascertain that there are false entries relevant to whether the driver can safely continue to operate his truck on that day.”

United States v. Marzett Parker (2009) ca8 “49 C.F.R. § 395.13 (d)(2). The regulation reads: Every special agent of the Federal Motor Carrier Safety Administration .”

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