{{Inline, date = December 2013 A motor vehicle is declared in the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

as out of service by personnel authorized to perform inspections of commercial motor vehicles and are designated as Special Agents of the

Federal Motor Carrier Safety Administration The Federal Motor Carrier Safety Administration (FMCSA) is an agency in the United States Department of Transportation that regulates the trucking industry in the United States. The primary mission of the FMCSA is to reduce crashes, injuries and f ...

. These authorized personnel are by law able to enter upon and perform inspections of any and all

Commercial Motor Vehicles A commercial vehicle is any type of motor vehicle used for transporting goods or paying passengers. The United States defines a "commercial motor vehicle" as any self-propelled or towed vehicle used on a public highway in interstate commerce to t ...

in operation. An inspection report named Form MCS 63 is a Driver Equipment Compliance Check, and shall be used to record findings from a motor vehicle selected for inspection.

If a motor vehicle is declared out of service

(1) Authorized employees shall declare and mark "out of service" any motor vehicle which by reason of its mechanical condition or load is hazardous to operate and likely to cause an accident or a breakdown. An Out of Service Vehicle Form MCS 64 shall be used to mark vehicles "out of service". (2) No motor carrier company shall permit any driver to operate nor shall any person operate any motor vehicle declared and marked, "out of service" until all repairs required on the notice as failing Form MCS 63 have been satisfactorily completed. This out of service violation is entered into

Commercial Driver's License Information System Mandated by the Commercial Motor Vehicle Safety Act 1986 (CMVSA) and revised in accordance with various other federal laws subsequent to CMVSA, CDLIS helps document the issuance of a Commercial driver's license (CDL) and the withdrawal of a commerc ...

and can result in the suspension of the drivers

Commercial driver's license A commercial driver's license (CDL) is a driver's license required in the United States to operate large and heavy vehicles (including trucks, buses, and trailers) or a vehicle of any size that transports hazardous materials or more than 15 p ...

. The term operate as used in this section shall include

towing the vehicle A tow truck (also called a wrecker, a breakdown truck, recovery vehicle or a breakdown lorry) is a truck used to move disabled, improperly parked, impounded, or otherwise indisposed motor vehicles. This may involve recovering a vehicle damaged ...

unless the vehicle marked "out of service" is being towed away by means of a commercial vehicle used specifically for towing by crane or hoist, and that the vehicle combination emergency towing vehicle and the "out of service" vehicle meets the performance requirements of towing set by the Federal Motor Carrier Safety Administration (3) No person shall remove the "Out of Service Vehicle" sticker from any motor vehicle prior to completion of all repairs required by the "out of service notice" on Form MCS63. (4) The person or persons completing the repairs required by the "out of service notice" shall sign the "Certification of Repairman" in accordance with the terms prescribed on Form MCS 63, entering the name of shop or garage and the date and time the required repairs were completed. If the driver completes the required repairs, he/she shall sign and complete the "Certification of Repairman".

Motor carrier's disposition of Form MCS 63

(1) Motor carriers shall carefully examine Forms MCS 63 and all violations or mechanical defects noted thereon shall be corrected. To the extent drivers are shown not to be in compliance with the Federal Motor Carrier Safety Regulations, appropriate corrective action shall be taken by the motor carrier. (2) Motor carriers shall complete the "Motor Carrier Certification of Action Taken" on form MCS 63 in accordance with the terms prescribed thereon. Motor carriers shall return forms MCS 63 to the address indicated upon Form MCS 63 within fifteen (15) days following the date of the vehicle inspection.

References

Out Of Service

External links

Can Civilians Use Police Flashing Lights?
Vehicle law