Eleven Out-of-Service Criteria Changes Coming to Truckers April 1, 2024

If your lights aren’t on at night, but they work, that’s no longer an OOS violation, though it’s still a violation of state laws to drive in the dark without lights. 

The North American Standard Out-of-Service Criteria (OOSC) are used by certified commercial vehicle safety enforcement personnel to determine if a commercial motor vehicle or driver is considered an imminent hazard and should be placed out of service.

The OOSC is the pass-fail criteria for inspections used to identify critical violations so the driver, vehicle and/or cargo are placed out-of-service until the condition(s) or defect(s) can be corrected or fixed.

On April 1, 2024, 11 new and updated out-of-service criteria will go into effect for commercial motor vehicles, ranging from small paperwork items to changes in the 20% rule for brake violations.

What OOS criteria are changing in 2024?

There are 11 changes to the 2024 OOS Criteria.

1. COMMERCIAL DRIVER’S LICENSE: adding a note to provide clarity on the status of an HM endorsement when the driver’s TSA screening/HM determination is expired, and the driver requires the HM endorsement.
2. DRIVER MEDICAL/PHYSICAL REQUIREMENTS: removing the Class D license from Ontario from the note because a cyclical renewal of the medical certification is now required and incorporated into that class of license.
3. DRUGS AND OTHER SUBSTANCES: add the new violation code and a note on Prohibited from Performing Safety-Sensitive Functions. 392.15 is not currently available in the inspection software, so a note was added stating that 390.3(e) may be used until Nov. 18, 2024, to accommodate the addition of the updated regulatory code into the inspection software and to allow time for U.S. jurisdictions to adopt the current regulations.
4. DRUGS AND OTHER SUBSTANCES: Updating the Prohibited from Performing Safety-Sensitive Functions applicability table for CLP drivers. The table should also refer to commercial learner’s permit (CLP) holders in the “Current CDL Holder” section.
5. BRAKE SYSTEM: Defective Brakes, (5) Drum (Cam-Type and Wedge) Air Brakes, to add missing cam shaft bushings to the 20% criterion. Why? Because, while “90% of the time” if the camshaft bushings are bad enough, that will manifest itself in some type of braking defect that the existing OOS criteria already cover, but not always.
6. BRAKE SYSTEM: Defective Brakes, 20% Criterion and the End of 20% Criterion to add watermarks to better identify the 20% criterion and the 20% and OOS criterion relative to steering axle brakes.
7. BRAKE SYSTEMS: Performance-Based Brake Test by changing the requirement of retesting the vehicle from “shall” to “may” to allow for inspector discretion.
8. COUPLING DEVICES: Pintle Hooks, (1) and g. Hitch Systems (Excluding Fifth Wheels and Pintle Hooks), (1) by adding latches that are not in use and ball hitches that are mismatched with the receiver.
9. LIGHTING DEVICES: When Lights Are Required To Be On by adding clarifying language to the title indicating that the lights not being turned on does not constitute an OOS condition.
10. LIGHTING DEVICES: By adding a note clarifying that required lighting that is operational but outside the scope of the requirements of 393.11/National Safety Code (NSC) Standard 11B for issues such as height, lens color or position are in violation; however, if the required lighting is still operational, the vehicle should not be placed out of service.
11. TIRES: With the increase in automatic tire inflation systems (ATIS) and the impact they have on the reduction of tire blowouts, the OOSC will differentiate between leaks in the tread area of a tire equipped with ATIS versus a tire without ATIS. If, at any time throughout the inspection, the tire is checked for pressure and the tire is found to be 50% or less of the maximum inflation on the sidewall of the tire, the vehicle will be placed OOS. Allowing an ATIS-equipped vehicle to travel to a safe location (next dispatch) with a small puncture in the tread area of the tire reduces the potential for rear-end collisions or other roadside incidents without affecting the safe operation of the vehicle.

What can CNS do for me in the DataQ system?

Actively managing your safety measurement system (SMS) scores and PSP reports is crucial to the success of Motor Carriers.

As compliance experts, CNS staff are basically doing law enforcement’s job to prove they made a mistake. We have built a great rapport with the FMCSA challenging DataQ’s and have the experience and expertise to determine what can and cannot be challenged.

Our DOT Compliance Specialists are well-versed in the FMCSA rules and regulations, as well as what an officer is required to note in their report.

When filing a challenge, CNS can help you use language that shows intent to be thoughtful, clear, and concise in describing what the error is believed to be.

Whether you would like our DOT Specialists to challenge one DataQ or conduct a monthly analysis of all roadside violations to potentially challenge, we have a cost-effective solution for your company.

We can:

• Request copies of an Inspection Report
• Contest incorrect, multiple-listed, or missing IEP/shipper information
• Contest citations with associated violation
• Contest violations assigned to wrong motor carrier or driver
• Identify issues, such as crash duplicates, missing records, or crash reports containing incorrect information
• Establish a crash-preventability program