What does 49 CFR 395.13 (Drivers ordered out of service) require?

Short answer

49 CFR 395.13 requires that a driver who has been ordered out of service must not operate a commercial motor vehicle until they may lawfully do so under the rules in this part. The motor carrier must also not require or permit the driver to operate a commercial motor vehicle until the driver is in compliance with this section.

The rule says

"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." (49 CFR 395.13(d)(1))

"No motor carrier shall: (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." (49 CFR 395.13(c)(1)(i))

In plain English

When a driver is ordered out of service, they cannot drive a commercial vehicle until they are allowed to do so under the rules. The motor carrier also cannot let them drive until they are in compliance. This means the driver must take the required time off or fix the issue that led to the out-of-service order before getting back behind the wheel. Inspectors will check to make sure drivers and motor carriers are following these rules during audits and roadside inspections.

What to do

• Ensure drivers understand the out-of-service rules and procedures
• Develop a plan to handle out-of-service orders, including notifying drivers and ensuring they do not operate a commercial vehicle until compliant
• Train motor carrier staff on the requirements and procedures for handling out-of-service orders
• Review and update company policies to ensure compliance with 49 CFR 395.13