This document outlines the eight (8) items that are amendments to the North American Standard Out-ofService

Criteria (OOSC) that will go into effect April 1, 2015. If you have questions or comments on this
document, please submit them by e-mail to cvsahq@cvsa.org.
NOTE: For ease of readability, the OOSC items appearing here are as amended and are shown as they will
appear in the April 1, 2015 OOSC. The amendments appear in RED TYPE.

The complete OOSC is available for purchase from CVSA. To order a copy, please go to the link below or
visit CVSAs store at www.cvsa.org.
https://cvsa.ps.membersuite.com/onlinestorefront/BrowseMerchandise.aspx?contextID=7bad43e6-0066c4c1-5241-0b3880919772

NOTE: The Out of Service Criteria (OOSC) are copyrighted by CVSA. The updates to the OOSC are published
here to provide notice to the regulated community of impending changes and for no other use. The
unauthorized reproduction or distribution of this copyrighted work is illegal and may result in fines or
criminal enforcement. No reproduction, editing, or distribution is authorized.

Item #1: OOSC Part I, Item 2. Operators/Chauffeurs License or Permit (Non-CDL)

Action: Amend the North American Standard Out-of-Service Criteria as follows:
*2.

OPERATORS/CHAUFFEURS LICENSE OR PERMIT (NON-CDL)

*a.

Vehicle 26,000 lbs. or less GVWR not designed to transport 16 or more passengers or
placarded loads of hazardous materials.
*(1)

Is not licensed for the type of vehicle being operated. (391.11(b)(5)) Declare driver
out-of-service. (Out of service action to be initiated only upon home jurisdiction
license verification.)

Justification:
This change is to make this OOS condition consistent with Part I, Item 3. CDL, a.(1) when taking out of
service action and declaring a driver out-of-service in order to help foster more uniform enforcement of
this issue throughout North America.

Item #2: OOSC Part I, Item 6. Fatigue

Action: Amend the North American Standard Out-of-Service Criteria as follows:
*6.

FATIGUE
When so fatigued that the driver of a commercial motor vehicle should not continue the trip.
When a driver operates a commercial motor vehicle while his/her ability or alertness is so
impaired, or so likely to become impaired, through fatigue as to make it unsafe for him/her to
begin or continue to operate the commercial motor vehicle. (392.3) Declare the driver out-ofservice until no longer fatigued.

Justification:
CVSA has extensively and carefully studied the driver fatigue issue for several years through an Ad Hoc
Committee appointed by the Executive Committee.
Consistent fatigue enforcement is challenging because of the exceptionally subjective nature of the United
States (U.S.) federal regulation found in Title 49 C.F.R. 392.3.
According to FMCSA, fatigue is a significant highway safety issue; however, the fatigue regulation is rarely
cited in the U.S. as a violation or out of service condition. In 2013, 0.12% of all drivers inspected in the U.S.
were cited for driving while fatigued.
FMCSAs most recent Hours of Service (HOS) rulemaking stated that 13% of commercial drivers drive while
fatigued. These data equates to roadside enforcement appropriately identifying 1 out of every 344 fatigued
drivers.
In 2013, CVSA submitted a letter, cosigned by the Owner Operator Independent Drivers Association
(OOIDA) and the National Safety Council (NSC), asking FMCSA to research the development of an objective
test for roadside enforcement to assess driver fatigue.
CVSA has recently submitted a Petition for Rulemaking to FMCSA recommending several actions:
a. Modify Title 49 C.F.R. 392.3 to provide more clarity and objectivity as to what is considered to be a
fatigued condition, such that the driver cannot safely perform the driving task, and to provide the
necessary guidance, training and tools for enforcement personnel to effectively and uniformly
enforce the regulation or law; or,
b. Remove the regulation from the FMCSRs until such time that the Agency is prepared to do so; and,
c. Aggressively research the development of an objective means for law enforcement to evaluate
fatigue (and to take enforcement action) roadside.
The purpose of the OOSC is to establish enforcement tolerances for the federal regulations in terms of
when a regulatory violation is severe enough to warrant placing a driver out of service. CVSA does not
believe there is an acceptable level of fatigue. In other words, if a driver is cited for not being in compliance
with the fatigue regulation, he or she should be declared out of service. Conversely, a driver should not be
cited if the inspector does not think the driver is fatigued enough to warrant being declared out of service.
Simply put, the regulatory violation is one and the same for being declared out of service.

Item #3: OOSC Part I, Item 7. Communication

Action: Amend the North American Standard Out-of-Service Criteria as follows:
*7.

COMMUNICATION
In recognition of the three countries language differences, it is the responsibility of the driver and
the motor carrier to be able to communicate in the country in which the driver/carrier is operating
so that safety is not compromised. Driver is unable to communicate sufficiently to understand and
respond to official inquiries and directions. (391.11(b)(2)) Declare driver out-of-service.

Justification:
CVSA has extensively and carefully studied the English Language Proficiency (ELP) issue for several years
through an Ad Hoc Committee appointed by the Executive Committee.
The United States (U.S.) federal regulation on ELP is vague and subjective, which leads to inconsistent
enforcement. In fact, several states currently do not enforce the rule. Our studies show that even though
ELP continues to be cited as a violation, it is rarely designated as an OOS condition. In 2013, approximately
83,000 violations were cited, but only 3,700 were OOS violations (just 4.5%). Unlike most of the OOSC,
which provide clear tolerances, the ELP OOSC requires subjective interpretation by the roadside inspector.
Since CVSA put ELP in the OOSC in 2005, both the NTSB and FMCSA have continued to study this issue.
They have not been able to establish a substantive link between lack of language proficiency and highway
safety. There also have not been any crashes to our knowledge that have been linked to ELP. Thus, the data
tend to show that ELP generally does not rise to the level of an imminent safety hazard that a driver should
be declared out of service.
Moreover, there has also been litigation by motor carriers against FMCSA and states for alleged
discriminatory enforcement of the regulation, and Title VI Civil Rights complaints to the U.S. Department of
Justice. Two of the states currently not enforcing this rule are doing so in part because of recent or previous
court actions regarding this subject.
To address these issues, CVSA recently submitted a new ELP Petition for Rulemaking to FMCSA (CVSA first
submitted an ELP petition in 2003). CVSA is asking FMCSA to:
a. Work with CVSA to develop a standard ELP test procedure for law enforcement to administer in
determining whether the commercial driver meets a minimum standard for communication, as well
as to provide assistance in the development of educational materials for industry and enforcement;
b. Revise the ELP regulation Tile 49 C.F.R. 391.11(b)(2) to make it more clear and objective for industry
to comply with and for licensing agencies and enforcement to assess and evaluate compliance; and,
c. Revise the Commercial Drivers Licensing (CDL) requirements (and the commensurate enforcement)
to be consistent with Title 49 C.F.R. 391.11(b)(2).
This action amends the OOSC to remove the ELP provision. The data does not show that ELP presents an
imminent safety hazard the standard by which OOSC are created.

Item #4: OOSC Part II, Item 1. Brake Systems, a. Defective Brakes, and b. Front Steering Axle(s) Brakes
Action: Amend the North American Standard Out-of-Service Criteria as follows:
*1.

BRAKE SYSTEMS
*a.

Defective Brakes
*(7)

Hydraulic and Electric Brakes

(a)

Missing or broken caliper, pad retaining component, brake pad, shoe, or

lining. (393.48(a))

*(b)

Loose or missing brake caliper mounting bolt. (393.48(a))

*(c)

Movement of the caliper within the anchor plate, in the direction of wheel
rotation, exceeds 1/8 inches (3.2 mm). (393.48(a))

*(d)

Rotor or drum has evidence of metal to metal contact on the friction

surface. (393.47(d)(2))

*(e)

Rotor has severe rusting on the rotor friction surface on either side (light
rusting on the friction surface is normal). (393.48(a))

*(f)

Friction surface of the brake rotor and the brake friction material are
contaminated by oil, grease, or brake fluid. (393.47(a))
NOTE: Refer to Wheels, Rims and Hubs if wheel seal is actively leaking.

*(g)
*b.

Lining or pad with a thickness 1/16 inch (1.6 mm) or less for disc or drum
brakes. (393.47(d)(2))

Front Steering Axle(s) Brakes

*(4)

Hydraulic Brakes (Front Steering Brakes)

(a)

Missing lining or pad. (393.47(a))

*(b)

Loose or missing brake caliper mounting bolt. (393.48(a))

*(c)

Movement of the caliper within the anchor plate, in the direction of wheel
rotation, exceeds 1/8 inches (3.2 mm). (393.48(a))

*(d)

Rotor has evidence of metal to metal contact on the friction surface.

(393.47(d)(1))

*(e)

Rotor has severe rusting on the rotor friction surface on either side (light
rusting on the friction surface is normal). (393.48(a))

*(f)

The friction surface of the brake drum or rotor and the brake friction
material are contaminated by oil, grease, or brake fluid. (393.47(a))
NOTE: Refer to Wheels, Rims and Hubs if wheel seal is actively leaking.

*(g)

Pad with a thickness 1/16 inch (1.6 mm) or less for disc brakes.
(393.47(d)(1))

Justification:
This amendment adds loose and missing caliper mounting bolts to the OOSC for hydraulic brakes. The
condition had been found on two different school buses as well as a truck. There was a video submitted
along with diagrams of hydraulic brakes. The brake manufacturers in attendance at the 2014 CVSA Annual
Conference & Exhibition in Buffalo, NY all agreed that a caliper mounting bolt should not be loose to the
touch allowing for the bolt to turn or missing and it should be considered part of the 20% criteria. It was an
oversight when the criterion for brakes was rewritten and is being added.

Item #5: OOSC Part II, Item 1. Brake Systems, h. Brake Hose/Tubing
Action: Amend the North American Standard Out-of-Service Criteria as follows:
*1.

BRAKE SYSTEMS
*h.

Air Brake Hose/Tubing

*(1)

Any damage extending through the outer reinforcement ply. (as per 4 or 5 below)
(393.45(a))

Ref #

Visual Characteristics

OOS Status

Wear extends into outer protective material.

Not OOS

Wear extends through outer protective material into outer

cover.

Not OOS

Wear makes reinforcement ply visible, but ply is intact.

Not OOS

O 3
T 4
E

Reinforcement ply is visible and ply is frayed, severed, or cut

through.

OOS

5 O Wear extends through reinforcement ply.

OOS
P
Operational Policy 15 Inspection/Regulatory Guidance: Regulatory Guidance
1.b.(2). Air Hose Violations
NOTE: Rubber impregnated fabric cover is not a reinforcement ply.
NOTE: Thermoplastic nylon tube may have braid reinforcement or color difference
between cover and inner tube. Exposure of second color is an out-of-service
condition.
(2)

Bulge/swelling when air pressure is applied. (393.45(a))

(3)

Audible air leak at other than a proper connection. (393.45(a))

Inspection Bulletin 2010-05 MCI Buses with Detroit Diesel Engines
Operational Policy 15 Inspection/Regulatory Guidance: OOS Frequently Asked
Questions 1.a.(1). Proper Connections
Operational Policy 15 Inspection/Regulatory Guidance: Regulatory Guidance
1.b.(3). Air Leaks

*(4)
(5)

Improperly joined, such as a splice made by sliding the hose ends over a piece of
tubing and clamping the hose to the tube. (393.45(a))
Damaged by heat, broken, or crimped in such a manner as to restrict air flow.
(393.45(a))

Justification:
This amendment clarifies the application of OOSC for worn hoses and to clarify that this section is intended
for air brake hoses only. This amendment to the OOSC received unanimous support from the Vehicle
Committee during the 2014 CVSA Annual Conference & Exhibition in Buffalo, NY.

Item #6: OOSC Part II, Item 1. Brake Systems, o. Hydraulic Brakes
Action: Amend the North American Standard Out-of-Service Criteria as follows:
*o.

Hydraulic Brakes
(1)

The fluid level in any master cylinder reservoir is less than full or below
minimum marking. (396.3(a)(1))
NOTE: Normally to be inspected when readily visible or problems are apparent.

(2)

Hydraulic or vacuum lines, hoses, or connections are restricted, crimped,

broken or damaged through the outer reinforcement ply.
(Restricted/Crimped/Broken - 393.45(a) or Damaged - (393.45(b)(2))
NOTE: Rubber impregnated fabric cover is not a reinforcement ply.

(3)

Any observable seepage, bulge or swelling on a brake hose under

application pressure. (393.45(a))

*(4)

Improperly joined, such as a splice made by sliding a hose/tube end over

the brake line and clamping the hose to the brake line. (393.45(a))

*(5)

Any observable leaking hydraulic fluid in the brake system upon full
application. (393.45(a))

*(6)

No pedal travel reserve with engine running upon full brake application. (393.40(b))

*(7)

Brake power assist unit is inoperative. (396.3(a)(1))

*(8)

Hydraulic power brake (HPB) unit is inoperative. (396.3(a)(1))

*(9)

Brake failure warning system is missing, inoperative, disconnected,

defective or activated while the engine is running with or without brake
application. (393.51(b))

*(10)

The hydraulic brake backup system is inoperative. (396.3(a)(1))

Inspection Bulletin 2012-04 Hydraulic Brake System Inspection Procedures

Justification:
This amendment to the OOSC addresses the improper repair of hydraulic brake lines by means of placing a
piece of tubing over the metal tubing and attaching with hose clamps. Nothing was in the OOSC for such a
condition. This condition had been found during a roadside safety inspection and pictures were looked at
during the 2014 CVSA Annual Conference & Exhibition in Buffalo, NY and the brake manufacturers present
indicated that this should not be allowed as a repair. This amendment to the OOSC received unanimous
support from the Vehicle Committee during the 2014 CVSA Annual Conference & Exhibition in Buffalo, NY.

Item #7: OOSC Part II, Item 3. Coupling Devices

Action: Amend the North American Standard Out-of-Service Criteria as follows:
*3.

COUPLING DEVICES
NOTE: The following criterion only applies when the device is in use.
NOTE: Parent Metal is the part (angle iron, pivot bracket, mounting plate, slider base plate, fifth
wheel plate, upper coupler)
Non-Parent Metal is weld material

*a.

Fifth Wheels: (Lower Coupler Assembly)

*(1)

Mounting to Frame
*(a)
(b)

*(2)

More than 20 percent of fasteners on either side of the vehicle are missing
or ineffective. (393.70(b)(1)(i))
Any movement between mounting components. (393.70(b)(1)(i))

*(c)

A crack in the mounting angle iron (parent metal) extending more than
20% of the distance across the metal in the direction of the crack.
(393.70(b)(1)(i))

*(d)

A crack, or a gap caused by corrosion, that is 1/8 inch or more in width.

(393.70(b)(1)(i))

*(e)

More than 20% of the total length of all the original welds (including fore
and aft welds) are cracked on either side of the vehicle. (393.70(b)(1)(i))

*(f)

A repair weld is cracked. (393.70(b)(1)(i))

Mounting Plates & Pivot Brackets

*(a)

More than 20 percent of fasteners on either side of the vehicle are missing
or ineffective. (393.70(b)(1)(i))

*(b)

A crack in the mounting plate or pivot bracket (parent metal) extending

more than 20% of the distance across the metal in the direction of the
crack. (393.70(b)(1)(i))

*(3)

*(c)

A crack, or a gap caused by corrosion, that is 1/8 inch or more in width.

(393.70(b)(1)(i))

*(d)

More than 20% of the total length of all the original welds (including fore
and aft welds) are cracked on either side of the vehicle. (393.70(b)(1)(i))

*(e)

A repair weld is cracked. (393.70(b)(1)(i))

*(f)

More than 3/8 inch (9.5 mm) horizontal movement between pivot
bracket pin and bracket. (393.70(b)(1)(i))

*(g)

Pivot bracket pin missing or not secured. (393.70(b)(1)(i))

Sliders
*(a)

More than 25 percent of latching fasteners on either side of the vehicle are
ineffective. (393.70(b)(1)(i))

(b)

Any fore or aft stop missing or not securely attached. (393.70(b)(1)(i))

NOTE: A moveable fifth wheel that is secured with vertical pins does not
need fore or aft stops.

(4)

*(c)

Movement of more than 3/8 inch (9.5 mm) between slide bracket and slide
base. (393.70(b)(1)(i))

*(d)

A slide curl is broken, cracked or repaired by welding. (393.70(b)(1)(i))

Operating Handle
Operating handle not in closed or locked position. (393.70(b)(2))

*(5)

Fifth Wheel Plate

*(a)

A crack in the fifth wheel plate (parent metal) extending more than 20% of
the distance across the metal in the direction of the crack. (396.3(a)(1))

*(b)

A crack, or a gap caused by corrosion, that is 1/8 inch or more in width.

(396.3(a)(1))

*(c)

A repair weld is cracked. (396.3(a)(1))

EXCEPTIONS: (1) Cracks in fifth wheel approach ramps, and (2) casting shrinkage
cracks in the ribs of the body of a cast fifth wheel.
(6)

Locking Mechanism
Locking mechanism parts missing, broken, or deformed to the extent that the
kingpin is not securely held. (393.70(b)(1)(i))

*b.

Upper Coupler Assembly: (Including Kingpin)

(1)

Horizontal movement between the upper and lower fifth wheel halves exceeds 1/2
inch (12.5 mm). (396.3(a)(1))
Operational Policy 15 Inspection/Regulatory Guidance: Regulatory
Guidance 3.b.(1). Fifth Wheel Play

(2)

Kingpin can be moved by hand in any direction. (396.3(a)(1))

NOTE: This item is to be used when uncoupled semitrailers are encountered, such
as at a terminal inspection, and it is impossible to check item (1) above. Kingpins in
coupled vehicles are to be inspected using item (1) above and items (3) and (4)
below. Vehicles are not to be uncoupled.

(3)

Kingpin not properly engaged. (393.70(b)(2))

(4)

Any trailer with a bolted upper coupler, which has fewer effective bolts than shown
below. (393.70(b)(1)(i))
Minimum Number of Bolts per Side Based on Type & Size** of Bolt

Maximum
Trailer
GVWR

SAE J429
Grade 8
(Metric 10.9)

SAE J429
Grade 5
(Metric 8.8)

ASTM A325
Type 1,2 & 3
(Metric 5.8)
1/2"
(12 mm)

5/8"
(16 mm) or
larger

1/2"
(12 mm)

5/8"
(16 mm) or
larger

1/2"
(12 mm)

5/8"
(16 mm) or
larger

68,001 - 85,000 lbs

(30,845 - 38,555 kg)

85,001 - 105,000 lbs

(38,556 - 47,627 kg)

10

10

68,000 lbs
kg) or less

(30,844

** Bolt size refers to the outside diameter of the thread.

- 1/2 inch bolts have 3/4 inch heads and nuts
- 5/8 inch bolts have 15/16 inch heads and nuts
- 12 mm bolts have 19 mm heads and nuts
- 16 mm bolts have 24 mm heads and nuts
BOLT HEAD GRADE IDENTIFICATION MARKINGS
ASTM A325
Type 1

ASTM A325
Type 2

ASTM A325
Type 3

SAE J429
Grade 5

SAE J429
Grade 8

Metric
5.8

Metric
8.8

Metric
10.9

*(5)

A crack in the upper coupler (parent metal) extending more than 20% of the
distance across the metal in the direction of the crack. (393.70(b)(1)(i))

*(6)

A crack, or a gap caused by corrosion, that is 1/8 inch or more in width.

(393.70(b)(1)(i))

*(7)

More than 20% of the total length of all the original welds are cracked on either
side, front or back of the upper coupler. (393.70(b)(1)(i))

*(8)

A repair weld cracked. (393.70(b)(1)(i))

Justification:
The current wording od the OOSC was causing confusion on several issues. There were issues on how
inspectors were determining cracks in the parent metal as well as cracks in original welds. The amendment
to this crtierion in the OOSC, as outlined above, is to clarify the OOS condition that was already in place and
to remove the note. It is also intended to define parent metal. It was also determined that removing the
stress or load-bearing area was necessary. The manufacturers present at the 2014 CVSA Workshop in Los
Angeles, CA indicated that the entire fifth wheel is stress and load-bearing. The current language causes
confusion and gives the impression that the entire fifth wheel is not being taken into consideration.
The new OOSC language clarifies how to measure cracks in parent metal, how to determine the 20% weld
cracks, and defines a well defined (especially open) crack as well as a crack in a repair weld.
There were also two instances with pictures (see below) that were discussed and determined that the fifth
wheel slide curl should be added as an OOS condition. This amendment to the OOSC received unanimous
support from the Vehicle Committee during the 2014 CVSA Annual Conference & Exhibition in Buffalo, NY.

Item #8: OOSC Part II, Item 15. Buses, Motor Coaches, Passenger Vans or Other Passenger Carrying
Vehicles Emergency Exits/Electrical Cables and Systems in Engine and Battery Compartments/Seating
Action: Amend the North American Standard Out-of-Service Criteria as follows:
*15.

BUSES, MOTOR COACHES, PASSENGER VANS OR OTHER PASSENGER CARRYING VEHICLES

EMERGENCY EXITS/ELECTRICAL CABLES AND SYSTEMS IN ENGINE AND BATTERY
COMPARTMENTS/SEATING
*c.

Loose and/or Temporary Seating

*(1)

No bus, motor coach, passenger van or other passenger carrying vehicle:

*(a)

Shall be equipped with aisle seats unless such seats are so designed and
installed as to automatically fold and leave a clear aisle when they are
unoccupied. (393.91)

*(b)

Shall be operated if any temporary seating, occupied or not, therein is not

secured to the vehicle in a workmanlike manner. This includes the use of
items not designed for use as seats in vehicles, including but not limited to,
milk crates, folding chairs, plastic steps, or plastic stools. (393.91)

*(c)

Shall be operated with the presence of any seating, whether secured or

unsecured, in excess of the manufacturers (manufacturer,
remanufacturer, or final stage manufacturer) designed seating capacity.
(390.33)

NOTE: (a), (b) or (c) does not apply to mobility devices (such as wheel chairs)
secured in vehicles using proper tiedowns.
Justification:
At approximately 8:05pm on Tuesday, February 26, 2013, a 2012 Mercedes-Benz Sprinter Passenger Van
Model 2500 was traveling north on Interstate 380 at Mile Post 5.3, Coolbaugh Township, Monroe County,
PA. Markings on the vehicle identified the carrier as Universal Bus Travel, Inc., USDOT # 1553096, MC
#576744, 2507 James St., Suite 201, Syracuse, NY 13206. The above referenced vehicle departed New York,
NY at approximately 6:00pm with 15 passengers excluding the driver en-route to Syracuse, NY. According
to the Pennsylvania State Police, the Sprinter Passenger Van exited the roadway, struck the median and
rolled over striking a group of trees. There was one partial ejection with the remaining passengers needing
extrication at the crash scene. There was one fatality reported with all passengers being transported to
three area hospitals. In order to accommodate additional passengers, the Sprinter Passenger Van was
equipped with folding chairs as temporary seating. As a result, as we move to requiring safety belts in
motor coaches it is evident that the seat must be permanently secured in the vehicle.