When a truck driver or trucking company is in violation of one or more state or federal rules or regulations, the FMCSA may issue an out-of-service order that prohibits the driver or company to continue operating until the issue has been rectified. Some reasons why the FMCSA will issue an out-of-service order for an interstate commercial motor carrier include:
- It has been deemed as an imminent hazard. If the FMCSA has determined that the motor carrier is in violation of any of the following laws, they will issue an out-of-service order:
- 49 U.S. Code §31502– This requires employers and truckers to comply with certain rules including the hours of service rules, the rules that stipulate what qualifications must be met by both the driver and the carrier, etc.
- Motor Carrier Safety Act of 1984 (amended).
- The Commercial Motor Vehicle Safety Act of 1986 (amended).
- The motor carrier failed to pay a civil penalty. If the FMCSA has identified a company that is not in full compliance with all safety regulations, they will be issued a “Notice of Claim” and the carrier must pay the penalty in full within 90 days. When they fail to comply, they may be issued an out-of-service-order.
- The motor carrier has been rated as unsatisfactory. When a motor carrier is considered to be “unsatisfactory,” they are prohibited from operating a commercial motor vehicle (CMV).The U.S. Department of Transportation states that “any motor carrier responsible for transporting hazardous materials in quantities requiring placarding, and motor carriers transporting passengers in a CMV, are prohibited from operating a CMV beginning on the 46th day after the date of the FMCSA notice of a proposed ‘unsatisfactory’ rating.” All other motor carriers are “prohibited from operating a CMV beginning on the 61st day after the date of the FMCSA notice of a proposed ‘unsatisfactory’ rating.”
[Source:U.S. Department of Transportation].
Once an out-of-service order is issued, a company responsible for a fleet or even a single vehicle may be asked to halt all operations. In one out-of-service order that was issued, the FMCSA required a company who was considered to be an imminent hazard to public safety to:
- Cease all commercial motor vehicle operations while the order was in effect.
- Have all of their vehicle and drivers that were already in operation at the time of receiving the notice to proceed to their next destination and stop.
- Refrain from loading or transporting any additional freight or property.
- Submit in writing to the Regional Field Administrator the location of all motor vehicles they were responsible for overseeing within eight hours after receiving the notice.
As you can tell, the FMCSA takes their out-of-service orders very seriously as trucking companies and drivers who fail to comply with their rules and regulations only threaten the safety of those behind the wheel as well as those who are sharing the roadway with these vehicles.
What should I do if I was involved in a truck accident in Lexington, KY with a CMV operator that violated one or more of the FMCSA’s rules or regulations?
Contact an attorney. If the trucker was operating their vehicle recklessly, carrying a load that exceeded the amount they were permitted to transport, or fell asleep at the wheel, a Lexington, KY truck accident lawyer can help gather the evidence that proves this which will help you when it comes time to take legal action against him/her and the company they work for. The fact is, truckers are held to a certain standard and when they don’t meet the expectations their employer and/or the FMCSA has set for them, they can be held liable for causing a collision that results in property damage, injuries, and death.
Therefore, if you suffered any injuries or a loved one of yours was killed in the trucking accident in KY, you need a lawyer working on your side who can help you take the right steps in the direction of obtaining justice. To get connected with an experienced truck accident lawyer in Lexington, KY today, contact USAttorneys.com.