Driver Out-of-Service Conditions
An out-of-service (OOS) order prohibits a driver from operating a commercial motor vehicle until the violation is corrected. Federal Motor Carrier Safety Administration (FMCSA) North American Standard Out-of-Service Criteria are used at all roadside inspections. Driver OOS conditions include: driving beyond the maximum HOS limits (11-hour driving, 14-hour window, 60/70-hour weekly limit), operating with an expired or missing Commercial Driver's License, operating with a suspended or revoked CDL, operating under the influence of alcohol (BAC 0.04% or higher for commercial drivers, vs. 0.08% for personal vehicles), testing positive on a pre-trip drug test (although this is handled through the SAP process, not roadside enforcement), operating with a falsified or non-current medical examiner's certificate (required under 49 CFR 391.41), or operating while ill or fatigued to a degree that renders the driver incapable of safely operating the vehicle. CDL disqualifications: a first DUIA conviction results in a 1-year CDL disqualification (3 years if transporting hazmat). A second DUIA conviction results in lifetime CDL disqualification. These penalties apply even if the offense occurred in a personal vehicle.