What happens when a vehicle is placed out of service under 49 CFR 396.9?

Short answer

When a vehicle is placed out of service under 49 CFR 396.9, it cannot be operated until all required repairs are completed. No motor carrier or intermodal equipment provider can require or permit any person to operate a vehicle declared and marked "out-of-service" until all repairs are satisfactorily completed.

The rule says

Authorized personnel shall declare and mark 'out-of-service' any motor vehicle or intermodal equipment which by reason of its mechanical condition or loading would likely cause an accident or a breakdown — 49 CFR 396.9(c)(1).

"No motor carrier or intermodal equipment provider shall require or permit any person to operate nor shall any person operate any motor vehicle or intermodal equipment declared and marked 'out-of-service' until all repairs required by the 'out-of-service notice' have been satisfactorily completed." (49 CFR 396.9(c)(2))

In plain English

When a vehicle is placed out of service, it's essentially grounded until the necessary repairs are made. This is a safety measure to prevent accidents or breakdowns that could put the driver, passengers, or other road users at risk. The vehicle cannot be operated until the repairs are completed and verified, ensuring that it meets the minimum safety standards. This rule applies to both motor carriers and intermodal equipment providers, and it's their responsibility to ensure that out-of-service vehicles are not operated until they are safe to do so.

What to do

• Identify the required repairs listed on the out-of-service notice
• Complete all necessary repairs to ensure the vehicle is safe to operate
• Verify that the repairs have been satisfactorily completed
• Obtain certification that the vehicle is safe to operate before putting it back in service