DOT DOT Out-of-Service Criteria & Enforcement 4 — Questions and Answers
Question 1: A truck's service brake on one axle end has a pushrod stroke exceeding the adjustment limit by 25%. What is the correct enforcement action?
- Issue a warning and allow the driver to self-correct within 24 hours
- Place the vehicle out of service immediately (Correct answer)
- Allow the vehicle to proceed to the nearest repair facility unescorted
- Document the defect but permit continued operation if other brakes are functional
Correct answer: Place the vehicle out of service immediately
Any brake with a pushrod stroke exceeding the adjustment limit is an out-of-service condition requiring immediate removal from service.
Question 2: During a roadside inspection, an inspector discovers a CMV's coupling device (fifth wheel) locking mechanism does not lock when the kingpin is inserted. This condition is:
- A minor defect requiring repair within 15 days
- An out-of-service condition (Correct answer)
- Acceptable if the secondary safety latch is functional
- Only an OOS condition on combination vehicles over 80,000 lbs
Correct answer: An out-of-service condition
A fifth wheel locking mechanism that fails to lock upon kingpin insertion is an OOS condition because it risks trailer separation.
Question 3: A driver subject to an out-of-service order continues driving without making required repairs. Under 49 CFR Part 386, the civil penalty for a driver who violates an OOS order can reach:
- $1,000 per violation
- $2,500 per violation
- $25,000 per violation
- $16,000 per violation (Correct answer)
Correct answer: $16,000 per violation
Under 49 CFR Part 386, drivers who violate OOS orders face civil penalties up to $16,000 per violation.
Question 4: An inspector finds a CMV with a cracked frame rail that extends through the full web of the frame member. This defect:
- Is an OOS condition only if the crack is longer than 6 inches
- Must be referred to a certified welder before an OOS determination is made
- Is an OOS condition regardless of crack length (Correct answer)
- Requires a second inspector to confirm before OOS can be issued
Correct answer: Is an OOS condition regardless of crack length
A cracked frame rail extending through the full web of the frame member is an OOS condition regardless of crack length under CVSA criteria.
Question 5: Which of the following steering defects is NOT listed as an out-of-service condition under CVSA criteria?
- Steering wheel free play exceeding 2 inches on a vehicle with a 16-inch steering wheel
- A missing or ineffective steering wheel retaining nut
- A broken or missing power steering belt with audible pump noise (Correct answer)
- Loose steering gear mounting bolts with visible movement under load
Correct answer: A broken or missing power steering belt with audible pump noise
A broken power steering belt causing audible pump noise is a defect to monitor but does not automatically meet OOS criteria unless steering control is compromised.
Question 6: A motor carrier is found to have allowed a driver to operate under an active OOS order. The civil penalty for the carrier per violation can reach:
- $16,000
- $25,000 (Correct answer)
- $75,000
- $100,000
Correct answer: $25,000
A motor carrier that allows a driver to violate an OOS order faces civil penalties up to $25,000 per violation under 49 CFR Part 386.
Question 7: An inspector observes a hydraulic brake system with a visible brake fluid leak at a wheel cylinder. Under CVSA OOS criteria, this vehicle should be:
- Allowed to proceed if the remaining brake system can stop the vehicle within legal distance
- Placed out of service (Correct answer)
- Given a 24-hour repair order and allowed to continue
- Issued a Level II inspection card only
Correct answer: Placed out of service
Any brake fluid leak from the hydraulic brake system is an OOS condition because it indicates impending brake failure.
DOT DOT Out-of-Service Criteria & Enforcement 4
A truck's service brake on one axle end has a pushrod stroke exceeding the adjustment limit by 25%.
What is the correct enforcement action?