What Can Happen If You Violate an Out of Service Order (CMV)?
What Can Happen If You Violate an Out of Service Order (CMV)?
Violating an out-of-service (OOS) order is one of the most serious offenses in the trucking industry. Whether you’re a driver, owner-operator, or motor carrier, ignoring an OOS order can lead to severe penalties, fines, license suspension, and long-term damage to your business. Understanding the consequences is critical if you want to stay compliant and protect your livelihood.
In this guide, we’ll break down exactly what happens if you violate an out-of-service order, the penalties involved, and how to avoid these costly mistakes.
What Is an Out of Service Order (CMV)?
An out-of-service order is issued when a commercial motor vehicle (CMV), driver, or carrier is found to be in violation of safety regulations set by the Federal Motor Carrier Safety Administration.
When an OOS order is placed, it means:
- The vehicle cannot be driven
- The driver cannot operate
- The company must correct the violation before continuing operations
These orders are typically issued during:
- DOT roadside inspections
- Weigh station checks
- Compliance reviews
The rules surrounding OOS orders are enforced in coordination with the Commercial Vehicle Safety Alliance, which sets the criteria for determining when a vehicle or driver should be placed out of service.
Common Reasons for an Out of Service Order
Before understanding the penalties, it’s important to know what leads to an OOS order in the first place.
Vehicle-Related Violations
- Brake system failures
- Tire defects (low tread, exposed cords)
- Lighting violations
- Steering or suspension issues
Driver-Related Violations
- Hours of Service (HOS) violations
- No valid CDL
- Driving without a medical certificate
Cargo Violations
- Improper load securement
- Overweight or shifting cargo
Many of these violations fall under equipment and safety standards outlined in FMCSA regulations, including Part 393.
What Happens If You Violate an Out of Service Order?
Violating an OOS order means you continue operating despite being legally prohibited from doing so. This is treated as a serious federal offense.
Here’s what can happen:
1. Immediate Fines and Civil Penalties
One of the first consequences is financial.
Drivers can face fines ranging from:
- $1,000 to over $5,000 for a first offense
Motor carriers can face much higher penalties:
- Up to $25,000+ per violation
These fines increase if:
- The violation results in an accident
- There are repeat offenses
- The violation is considered willful
2. CDL Disqualification
If you’re a driver, violating an OOS order can cost you your career—at least temporarily.
Penalties typically include:
- 90-day CDL suspension for a first violation
- 1-year suspension for a second violation within 10 years
- 3-year suspension for a third violation
If you were transporting hazardous materials at the time, penalties are even more severe.
3. Increased CSA Scores
Violating an OOS order significantly impacts your CSA (Compliance, Safety, Accountability) score.
Higher CSA scores lead to:
- More inspections
- Increased scrutiny from enforcement
- Higher risk classification
This affects both drivers and carriers, making it harder to operate efficiently.
4. Impact on Your Motor Carrier Business
For motor carriers, the consequences go beyond fines.
You may face:
- DOT audits
- Loss of operating authority
- Conditional or unsatisfactory safety ratings
Repeated violations can even lead to your company being shut down.
5. Insurance Premium Increases
Insurance companies closely monitor safety records.
An OOS violation can cause:
- Higher premiums
- Policy cancellations
- Difficulty finding coverage
For new authorities, even one serious violation can make insurance extremely expensive or unavailable.
6. Potential Criminal Charges
In severe cases, violating an OOS order can lead to criminal penalties.
This is more likely if:
- The violation results in injury or death
- There is evidence of intentional disregard for safety
- Fraud or falsification is involved
7. Liability in Accidents
If you are involved in an accident while violating an OOS order, the consequences multiply.
You may face:
- Lawsuits
- Personal liability
- Increased damages
Operating under an OOS order can be used as evidence of negligence in court.
Real-World Example of an OOS Violation
Imagine a driver is placed out of service due to brake violations. Instead of fixing the issue, the driver continues driving to complete a delivery.
If caught:
- The driver is fined and suspended
- The carrier is fined heavily
- The violation is recorded permanently
If an accident occurs, the financial and legal consequences could be devastating.
How Long Does an Out of Service Order Last?
An OOS order remains in effect until the issue is corrected.
Examples:
- Brake violations → Must be repaired
- HOS violations → Driver must complete required rest
- Medical issues → Must provide valid certification
Ignoring the order—even briefly—can trigger the penalties discussed above.
How to Avoid Violating an Out of Service Order
Prevention is the best strategy. Here’s how to stay compliant.
Perform Thorough Pre-Trip Inspections
Always check:
- Brakes
- Tires
- Lights
- Coupling devices
Catching issues early can prevent an OOS order entirely.
Understand FMCSA Regulations
Familiarize yourself with rules enforced by the Federal Motor Carrier Safety Administration.
Key areas include:
- Hours of Service
- Vehicle maintenance
- Driver qualifications
Fix Issues Immediately
If placed out of service:
- Do not move the vehicle
- Repair the issue before continuing
- Document the repair
Train Drivers Properly
Motor carriers should ensure drivers:
- Understand OOS rules
- Know the risks of violations
- Report issues promptly
Maintain Proper Documentation
Keep records of:
- Inspections
- Repairs
- Driver logs
This can protect you during audits and inspections.
Why OOS Violations Are Taken So Seriously
Out-of-service orders are issued only when a situation poses a serious safety risk.
Violating that order means:
- You knowingly put others at risk
- You ignored federal safety regulations
- You increased the likelihood of an accident
That’s why enforcement agencies treat these violations aggressively.
Key Takeaways
- Violating an OOS order is a serious federal offense
- Penalties include fines, CDL suspension, and business impact
- Insurance and legal consequences can be severe
- Prevention through maintenance and compliance is critical
Final Thoughts
Understanding what can happen if you violate an out-of-service order (CMV) is essential for anyone in the trucking industry. The risks go far beyond simple fines—they can affect your license, your business, and your future. By staying compliant, performing regular inspections, and taking OOS orders seriously, you protect not only yourself but everyone on the road.
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What is the penalty for violating an out-of-service order?
Drivers can face fines up to $5,000 and CDL suspension, while carriers may face fines exceeding $25,000.
Can a driver go to jail for violating an OOS order?
In severe cases involving accidents or intentional violations, criminal charges are possible.
How long is a CDL suspended for an OOS violation?
Typically 90 days for a first offense, with longer suspensions for repeat violations.
Does an OOS violation affect insurance?
Yes, it can significantly increase premiums or lead to policy cancellation.
Can you move a truck after being placed out of service?
No, the vehicle must remain out of service until the issue is corrected.
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