Maryland Commercial Drivers: Out-of-service Violations
In April 2012 the Commercial Vehicle Safety Alliance published their latest policy handbook of standard North American out-of-service criteria for CMVs. Seven levels of inspection exist to help states enforce their guidelines. Canada, the United States and Mexico all come under the same regulations.
A driver can be declared out-of-service when too sick or fatigued to continue his trip, missing required medical documents or driving with an invalid CDL. Refusal to pay fines, tickets or submit to inspection is also an automatic out-of-service condition.
In another post I wrote about logbook errors. Violating the 11-hour and 14-hour rules are both grounds for an OOS declaration. Language barriers causing an inability to follow official requests or instructions can also place a driver out-of-service.
Any mechanical condition impairing a vehicle’s safe operation falls under the standard policy. This naturally includes unsecure loads and sometimes things as small as faulty brake lights and windshield wipers. In a vehicle with four wheel-brakes, a defect in one is enough to take it off the road.
HAZMAT drivers can be placed out-of-service for missing shipping papers, damaged container valves or incorrect placarding. If they’re headed for Canada they need an Emergency Response Assistance Plan in the event of an accident to stay road-worthy.
Violating any OOS order gets your CDL disqualified. The period of disqualification increases for each offense and its up to the courts to determine how long the period lasts:
1st offense – CDL disqualification 90 days to 1 year
2nd offense within ten years – 1 year to 5 years
3rd offense within ten years – 3 years to 5 years
1st offense with hazardous materials – 180 days to 2 years
2nd offense with hazardous materials within ten years – 3 years to 5 years
Driving on a disqualified license is a definite out-of-service order.
Are you a commercial driver who needs help with a Maryland traffic violation? Call me at 301-563-9575 or 1-877-566-2408 BEFORE you pay any tickets or go to court. I’m an experienced Maryland traffic attorney who handles traffic tickets for truck drivers and commercial drivers. I handle cases throughout the State of Maryland.
