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OOS Criteria Revisions

Newsletter Update

The following changes to the North American Out-of-Service Criteria (OOSC) will take effect on April 1, 2023. These changes were approved by the members of the Commercial Vehicle Safety Alliance (CVSA):

Drugs and Other Substances

Drivers who have used drugs in the previous 24 hours will be placed OOS for 24 hours. This language mirrors the criteria for alcohol violations when a driver provides self-admission of use within 24 hours.

Hours of Service

CVSA policy directs inspectors to remove “imminent hazards” from roadways and is not intended to be a punitive measure. The “imminent hazard” exists when a driver is concealing a current hours-of-service limitation at the time of the inspection and should be placed out of service. Falsifications that occurred on previous dates, prior to a valid/confirmed qualifying rest period, do not pose an imminent hazard to the public, and the driver should not be placed out of service.

Record of Duty Status

The current Interpretation for CFR 395.8 indicates that electronic Record of Duty Status (RODS) that are not an ELD or AOBRD must be electronically signed or printed and manually signed. All documents required by CFR 390-399 can be electronic, rather than paper, and as more documents and credentials are becoming digital, the OOSC should not require a document to be printed to not be placed OOS. If the hours of service of the driver can be reviewed on the electronic display, the driver should not be placed OOS for failure to print as this does not constitute an imminent hazard.


CVSA has clarified the OOS condition for rusted brake rotors. Based on the current language, there was an allowance for inspector judgement on how much rust on a brake rotor is considered a defective brake. The original intent was to have a means to identify an inoperative brake on one side or the other of the rotor. By adding the additional language of “across the entire rotor,” the clarification for the severity of the rusting is clearer.

Cargo Tie Downs

The FMCSR 393.110 (b)(3) states that two tiedowns are required if the article is longer than 10 feet (3.04 meters), and one additional tiedown for every 10 feet (3.04 meters) of article length, or fraction thereof, beyond the first 10 feet (3.04 meters) of length. The regulation does not state the exact placement or spacing, so the correct number is all that can be enforced.


The current language of “When lights are required” leads some inspectors to believe that if lights are required by the regulation, they are OOS when not operating. The intent of the OOSC is that the headlamps, tail lamps and lamps on projected loads are only OOS when they are required to be on. The addition of “to be on” to the title will assist in clarifying the OOSC.


Amend the North American Standard OOSC Part II, Item 11 SUSPENSION. This section was amended to provide clearer language that a spring hanger and/or equalizer is out of service if it is cracked, loose, broken or missing due to it being a connection point for other tracking components.