An out-of-service (OOS) order is a declaration by an authorized enforcement official that a driver, a commercial motor vehicle or a motor carrier may not operate until a specific problem is corrected. Roadside inspectors issue driver and vehicle OOS orders when they find violations serious enough that continued operation would be likely to cause a crash or breakdown. FMCSA can also order an entire carrier out of service.
OOS orders matter because they stop freight on the spot, cost money in towing, repairs and missed deliveries, and weigh more heavily in FMCSA's Safety Measurement System than ordinary violations. Ignoring an OOS order is far more serious than the original violation and can lead to driver disqualification and large civil penalties for both the driver and the carrier.
What Is an Out-of-Service Order?
49 CFR 390.5 defines an out-of-service order as a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican or local jurisdiction that a driver, a CMV or a motor carrier operation is out of service under 49 CFR 386.72, 392.5, 392.9a, 395.13 or 396.9, or compatible laws, or under the North American Standard Out-of-Service Criteria.
The North American Standard Out-of-Service Criteria are published by the Commercial Vehicle Safety Alliance (CVSA) and used by inspectors across the United States, Canada and Mexico. CVSA updates the criteria every year, and each new edition takes effect on April 1.
Driver vs. Vehicle vs. Carrier OOS Orders
Driver OOS orders
A driver can be placed out of service for conditions such as:
- Driving beyond hours-of-service limits, having no record of duty status when one is required, or keeping a false log. The 2026 criteria added a condition for ELD tampering that makes it impossible to tell what events occurred.
- Having no valid license or the wrong license class or endorsement, or driving while disqualified.
- Possessing or being under the influence of alcohol or drugs. Under 49 CFR 392.5, a driver with any detected presence of alcohol is placed out of service for 24 hours.
- Being too ill or fatigued to drive safely.
Vehicle OOS orders
A vehicle is placed out of service for mechanical conditions such as defective brakes above set thresholds, steering problems, flat or badly damaged tires, inoperative required lamps in certain conditions, cracked frames, and cargo securement failures. Under 49 CFR 396.9, the vehicle may not be operated until the repairs are made, and the carrier must certify the repairs and return the inspection report within 15 days.
Carrier OOS orders
FMCSA can order a whole company to stop operating. Examples include imminent hazard orders under 49 CFR 386.72, orders following a final unsatisfactory safety rating, orders for failure to pay a civil penalty, and orders against new entrants that fail or refuse a safety audit. A carrier under an OOS order may not operate any CMV in interstate commerce, and drivers may not drive for it.
Penalties for Violating an OOS Order
- Driver disqualification: under 49 CFR 383.51(e), a driver who violates an OOS order is disqualified for at least 180 days and up to 1 year for a first violation, with longer periods for repeat violations within 10 years. Longer periods apply when the driver is transporting placarded hazmat or operating a vehicle designed to carry 16 or more passengers.
- Civil penalties: drivers and employers face civil penalties, which are adjusted annually for inflation. An employer may not knowingly allow a driver to operate a CMV during an OOS period.
- Carrier consequences: operating after a carrier OOS order can lead to further enforcement and revocation of operating authority.
How OOS Orders Affect CSA Scores
In the current SMS methodology, violations that result in an OOS order receive extra severity weight in the relevant BASIC. Driver and vehicle OOS rates are also visible on a carrier's SMS profile and compared with national averages. A high vehicle OOS rate often points to weak pre-trip inspections or maintenance. See CSA Safety Measurement System for how scores are calculated.
How to Respond to an OOS Order Step by Step
- Stop operating. The driver or vehicle must not move, except as the inspector allows, until the condition is corrected.
- Notify dispatch and safety. Get the inspection report to the safety team immediately.
- Correct the condition. Arrange repairs, a replacement driver or the required rest period. Some repairs may require a tow to a repair facility.
- Certify repairs. Sign the inspection report certifying that violations were corrected and return it within 15 days as directed on the report.
- Review the data. If the inspection is inaccurate, file a Request for Data Review in DataQs.
- Find the root cause. Ask why the condition was not found before the trip, and use root cause analysis for repeat issues.
- Take corrective action. Retrain the driver, update inspection checklists or adjust maintenance schedules as needed.
Common Mistakes to Avoid
- Moving a vehicle or letting a driver continue before the OOS condition is corrected.
- Failing to return the signed inspection report within 15 days.
- Treating brake and tire OOS violations as roadside bad luck instead of signs of maintenance gaps.
- Not training drivers on what the current OOS criteria cover.
- Ignoring OOS rates in SMS until FMCSA sends a warning letter.
How SMS360 Helps
SMS360's DOT Compliance module keeps roadside inspection records and follow-up tasks in one place. Vehicle Management tracks repairs and maintenance history for each unit, and Actions Management assigns corrective actions with due dates so repeat problems are addressed.
Frequently Asked Questions
Who can issue an out-of-service order?
Authorized federal, state and local enforcement officers, including certified CVSA inspectors, can place drivers and vehicles out of service at roadside. Carrier-wide OOS orders are issued by FMCSA.
How long does a driver OOS order last?
It depends on the violation. An hours-of-service OOS lasts until the driver has enough off-duty time to comply, a detected-alcohol OOS lasts 24 hours, and a license-related OOS lasts until the driver holds a valid license for the vehicle.
Where are the OOS criteria published?
CVSA publishes the North American Standard Out-of-Service Criteria, which are updated each year and take effect on April 1. The federal definition of an OOS order is in 49 CFR 390.5.
