When is a tractor-trailer taken out of service?

A motor carrier can be taken out of service through roadside inspections or after a crash with another motor vehicle when they violate the FMCSR and CSA BASICs and pose a threat to public safety. Roadside inspections can be a regular enforcement stop or a crash and include:

• Critical Violations. The Commercial Vehicle Safety Alliance (CVSA) has a North American Standard Out-of-Service Criteria. If an enforcement officer finds the motor carrier is an imminent hazard to the public it should be taken out of service.
• Maintenance Violation. Also called Common Violations Examples of common maintenance violations are brakes, turn signals and lamps, insufficient tire tread depth, defective front and rear lighting, operating a CMV without a periodic inspection, pressure loss in air brake system, and other similar violations.
• Driver Qualification Violations. Examples include a driver who is a non-English speaking driver, the motor carrier has an incomplete driver file, expired medical examiner's certificate, driving while suspended or drives without a license endorsement for the type of load they are hauling.
• Driver Training Violations. The motor carrier allows a truck driver to operate a semi while operating with more than one driver's license, does not have a CDL, while driving when license suspended, does not have the proper endorsement to drive that type of tractor-trailer and/or the driver was never properly qualified and trained.
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• Driving Violations. This list provides a few of the driving violations that the DOT and FMCSA look for under 49 CFR § 392.2 by the following:
  • Speeding.
  • Following too closely.
  • Improper lane changes.
  • Reckless Driving.
  • Improper turns.
  • Failure to yield right-of-way.
  • Railroad crossing violations.
  • Failure to obey a traffic control device.

Motor carriers and their drivers commonly violate the laws and regulations affecting commercial motor vehicles. When you or a loved one is injured due to a car accident with a motor vehicle driver call the Bull Attorneys We can help you get just compensation for your injuries. Call us 24/7 on 316-684-4400