Apr 1
New edition effective each year
17
Changes in the 2026 edition
§396.9
No operating an OOS vehicle
24 mo
Violation stays in your CSA data
In This Guide
What the Out-of-Service Criteria Actually Are
The North American Standard Out-of-Service Criteria (often shortened to OOSC or simply "out-of-service criteria") are a set of uniform enforcement tolerances published by the Commercial Vehicle Safety Alliance, a nonprofit association of commercial vehicle safety officials from the United States, Canada, and Mexico. When a certified inspector examines a commercial motor vehicle or its driver at the roadside, the OOS Criteria tell that inspector exactly when a defect crosses the line from a recordable violation into an imminent hazard that requires the vehicle or driver to be removed from service on the spot.
The purpose, in CVSA's own framing, is uniformity. A brake out of adjustment by a given measurement, or a tire worn below a defined tread depth, should produce the same out-of-service decision whether the truck is stopped in Texas, Ontario, or anywhere in between. Without a common standard, the same vehicle could pass in one jurisdiction and be parked in the next. The OOSC give inspectors nationwide — including FMCSA's state enforcement partners — a single, measurable yardstick.
That word "measurable" matters. The criteria are not vague. For each system on the vehicle, the handbook specifies the condition and the threshold: how much brake adjustment is too much, how many defective brakes trigger the defective-brake rule, what tread depth fails, which lamps must function. This guide does not reproduce those exact numbers — they are copyrighted by CVSA and updated annually — and a carrier serious about inspecting to the same standard should obtain the current edition directly.
The two questions an inspector answers
A roadside inspection asks two separate questions. First: is there a violation of the Federal Motor Carrier Safety Regulations? Second: is the condition severe enough, under the Out-of-Service Criteria, to declare the vehicle or driver an imminent hazard? A vehicle can have a recordable violation that is not an out-of-service condition — and an out-of-service condition is always also a violation. The OOSC answer only the second question.
Why They Are Not Regulations Themselves
This is the most misunderstood point about the Out-of-Service Criteria, and getting it right changes how you respond to a violation. CVSA is not a government agency, and it cannot write federal law. The OOSC are a private standard. They acquire legal force only because FMCSA chooses to adopt them through a regulatory mechanism called incorporation by reference.
Incorporation by reference means FMCSA publishes a rule in the Federal Register that formally adopts a specific, dated edition of the CVSA handbook into the Code of Federal Regulations without reprinting the whole document. The most recent edition FMCSA has incorporated by reference is the April 1, 2024 edition of the CVSA handbook containing the inspection procedures and Out-of-Service Criteria. That incorporation is what lets a state enforcement officer apply the criteria with the backing of federal regulation.
The underlying duties — the obligation to systematically inspect, repair, and maintain your vehicles, to keep them free of defects likely to cause an accident or breakdown, and to keep the records that prove it — come from the Federal Motor Carrier Safety Regulations themselves, principally 49 CFR Part 396. The OOS Criteria do not create those duties. They define the enforcement line. So when a vehicle is placed out of service, the citation rests on a regulation (for example a Part 393 equipment requirement), and the out-of-service decision rests on the criteria.
The regulation (the duty)
- 49 CFR Part 396 — inspection, repair, and maintenance duties
- 49 CFR Part 393 — parts and accessories necessary for safe operation
- 49 CFR Part 392 — driving of commercial motor vehicles
- Written into law by FMCSA and enforceable on its own terms
The criteria (the threshold)
- Published by CVSA, not by Congress or FMCSA
- Define when a defect is an imminent hazard
- Given legal effect by incorporation by reference
- Updated annually — the threshold can move year to year
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The Current Edition and Why It Changes Every Year
CVSA revises the Out-of-Service Criteria on an annual cycle, and a new edition typically takes effect each April 1. The 2026 edition went into effect April 1, 2026, and it replaces and supersedes every prior version. CVSA approved 17 changes for the 2026 edition at its meeting on October 17, 2025, with updates touching areas such as commercial driver's license requirements, possession of intoxicating beverages, and electronic logging device compliance.
The annual cadence has a practical consequence that catches operators off guard: a condition that was acceptable, or merely a recordable violation, under one edition can become an out-of-service condition under the next. A maintenance program built around last year's thresholds — or worse, around a mechanic's memory — drifts out of alignment with what inspectors are actually applying. This is why the safest posture is to inspect against the current edition and to treat the OOSC as a living standard rather than a fixed list.
A common trap: working from an old edition
Because the criteria are copyrighted and sold by CVSA, free summaries floating around the internet are frequently out of date. A shop or driver relying on a two-year-old printout can confidently "pass" a vehicle that an inspector would place out of service under the current edition. Obtain the current handbook from CVSA, and date-stamp your internal inspection checklists so you know which edition they reflect.
The Defect Categories That Fail an Inspection
While this guide does not publish CVSA's exact numerical thresholds, the categories of vehicle defects that most often result in an out-of-service order are well established and consistently among the most-cited conditions during enforcement. Each has a precise, measurable trigger in the current handbook.
Brake systems
The single largest source of out-of-service orders. Inspectors evaluate brake adjustment, defective brakes, air loss rate, and the share of brakes not functioning across the vehicle (the defective-brake rule). Brake-related conditions consistently top CVSA's roadside inspection results, and the thresholds are defined to a specific measurement in the current edition.
Tires and wheels
Flat or audibly leaking tires, tread separation, exposed fabric or belt material, and tread depth below the federal minimum (the regulation sets the minimum; the OOSC define the out-of-service threshold). Wheel and rim cracks, missing or loose fasteners, and damaged components also qualify.
Lighting devices
Required lamps that do not function — particularly at night — are a frequent out-of-service condition. The criteria distinguish between lamps that are merely required and those whose failure rises to an imminent hazard depending on conditions and time of day.
Steering and suspension
Excessive steering wheel lash, worn or disconnected steering components, and broken or shifted suspension parts (springs, axle positioning, U-bolts) can all place a vehicle out of service because they directly affect the driver's ability to control the vehicle.
Coupling devices and cargo securement
Defective fifth wheels, pintle hooks, safety chains, and other coupling components, along with inadequate cargo securement under the North American Standard, are evaluated against the criteria. A load that is not secured to standard is an imminent hazard regardless of how the vehicle itself is maintained.
Notice that every category above pairs a federal regulation (the duty to have functioning brakes, legal tires, working lamps, sound steering, and secured cargo) with a CVSA threshold (the point at which the defect becomes an imminent hazard). That pairing is the whole architecture of roadside enforcement.
Vehicle Out-of-Service vs. Driver Out-of-Service
Out-of-service orders come in two flavors, and the OOSC cover both. A vehicle out-of-service condition concerns the equipment — the brakes, tires, lights, steering, and cargo discussed above. A driver out-of-service condition concerns the person operating it: hours-of-service violations beyond the allowed limits, a driver without a valid CDL or required endorsement, a driver who is ill or fatigued to the point of being unfit, or possession of an intoxicating substance. CVSA publishes separate out-of-service criteria for drivers.
The distinction matters for your records. A vehicle out-of-service order is resolved by repairing the equipment and documenting the repair. A driver out-of-service order is resolved by correcting the driver-side problem — re-logging within limits, producing a valid credential, or resting. Both produce a violation that flows into your CSA data, and both are subject to the same prohibition: the vehicle or driver may not return to operation until the out-of-service condition is cleared.
You cannot drive an out-of-service vehicle, period
49 CFR 396.9 states that no motor carrier may require or permit any person to operate, and no person may operate, a vehicle declared and marked out of service until all repairs required by the out-of-service notice have been satisfactorily completed. Removing the sticker before the repairs are done is its own violation. Operating in defiance of an out-of-service order is among the most heavily weighted roadside violations in the CSA system.
What an Out-of-Service Violation Does to Your CSA Score
Every violation recorded on a roadside inspection — out-of-service or not — is uploaded into FMCSA's Safety Measurement System and assigned to the appropriate BASIC (Behavior Analysis and Safety Improvement Category). Most equipment defects land in the Vehicle Maintenance BASIC. Out-of-service violations carry additional severity weight precisely because the inspector judged the condition an imminent hazard, so a single out-of-service order can move your percentile more than a routine violation would.
The violation remains in your SMS data and continues to affect your percentile for 24 months. Two consequences follow. First, the only ways to improve a percentile are time (the violation aging out) and a clean inspection record going forward — there is no way to "pay down" a violation. Second, if a violation was recorded in error — wrong carrier, wrong driver, a defect that did not actually exist, or a condition that does not meet the cited standard — you can challenge it through FMCSA's DataQs Request for Data Review process. Importantly, correcting the defect does not erase the violation; DataQs addresses accuracy, not the fact that a real defect occurred.
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How FileFlo Holds the Proof Around an Out-of-Service Order
FileFlo is not an inspection service, a maintenance shop, or an enforcement tool. It does not set out-of-service thresholds and it does not measure your brakes. What it does is hold the records that surround an out-of-service event so that nothing slips through the cracks between the roadside and your back office: the Driver Vehicle Examination Report, the repair invoices and work orders that prove each cited defect was corrected, the signed certification returned to the issuing agency under 49 CFR 396.9, and the supporting documentation you would rely on if you decided to challenge a violation in DataQs.
FileFlo is the records and proof layer
- Inspection reports in one place: Store every Driver Vehicle Examination Report and roadside inspection form against the right vehicle and driver, so the underlying defect, the cited regulation, and the out-of-service status are never lost in a glovebox or a pile on a desk.
- Repair proof tied to the defect: Attach the work order, invoice, and parts documentation that show each out-of-service condition was satisfactorily corrected — the evidence behind the 15-day certification and the file you need if the violation is ever questioned.
- Certification and retention tracking: Keep the signed certification organized and retained for the 12 months 49 CFR 396.9 requires, with the inspection event visible alongside the proof of correction rather than scattered across systems.
- A clean evidence package for DataQs: If you decide to file a Request for Data Review, FileFlo helps you assemble the supporting records — the inspection report, repair documentation, and any corroborating evidence. You file the challenge; FileFlo holds the proof.
Key Takeaways
- The OOS Criteria are enforcement tolerances, not regulations. They define when a defect becomes an imminent hazard. FMCSA gives them legal force by incorporating the CVSA handbook by reference (most recently the April 1, 2024 edition).
- The duty comes from the FMCSRs; the threshold comes from CVSA. A citation rests on a regulation (Part 393/396); the out-of-service decision rests on the criteria.
- The criteria change every year. The 2026 edition took effect April 1, 2026, with 17 approved changes. Work from the current edition, not memory or an old printout.
- Brakes, tires, lights, steering, and securement are the categories that most often fail an inspection — each with a precise threshold in the handbook.
- You cannot operate an out-of-service vehicle until the required repairs are completed (49 CFR 396.9), and the violation affects your CSA data for 24 months.
CVSA Out-of-Service Criteria: FAQ
Common questions about what the out-of-service criteria are, how they are enforced, and how out-of-service violations affect your record.
No. The North American Standard Out-of-Service Criteria are uniform enforcement tolerances published by the Commercial Vehicle Safety Alliance (CVSA), not regulations on their own. They tell an inspector the threshold at which a defect is severe enough to declare a driver or vehicle an imminent hazard and place it out of service. FMCSA gives them regulatory force by incorporating the CVSA handbook by reference into 49 CFR Part 385 and Part 392 (the most recent version FMCSA incorporated by reference is the April 1, 2024 edition). So the underlying duty to maintain the vehicle comes from the Federal Motor Carrier Safety Regulations (Part 396), while the OOS Criteria define the pass/fail line an inspector applies at the roadside.
CVSA updates the North American Standard Out-of-Service Criteria every year, with the new edition typically taking effect April 1. The 2026 edition went into effect April 1, 2026, and replaces and supersedes all previous versions. CVSA approved 17 changes for the 2026 edition on October 17, 2025, including updates affecting CDL requirements, intoxicating-beverage possession, and ELD compliance. Because the criteria change annually, a defect that was a warning one year can become an out-of-service condition the next, which is why carriers should work from the current edition rather than memory.
The most frequently cited out-of-service vehicle conditions fall into a handful of categories: brakes (defective or out-of-adjustment brakes, and the 20-percent defective-brake rule that looks at the share of brakes not working across the vehicle), tires (flat tires, tread separation, or tread depth below the federal minimum), lighting (inoperative required lamps, especially at night), steering and suspension components, coupling devices, and cargo securement failures. CVSA publishes the exact measurable thresholds for each in the current Out-of-Service Criteria handbook. FileFlo does not set or measure these thresholds, but it does organize the inspection report and the repair records that prove the condition was corrected.
Yes. Violations recorded on a roadside inspection — including out-of-service violations — feed into the FMCSA Safety Measurement System and the relevant BASIC (most vehicle defects land in the Vehicle Maintenance BASIC). Out-of-service violations carry additional severity weight because the vehicle or driver was deemed an imminent hazard. The violation stays on your record and affects your percentile for 24 months. If the violation was recorded in error, you can challenge it through FMCSA's DataQs system, but correcting the defect itself does not remove the violation from your record.
No. Under 49 CFR 396.9, no motor carrier may require or permit any person to operate, and no person may operate, a vehicle that has been declared and marked out of service until all repairs required by the out-of-service notice have been satisfactorily completed. Removing the out-of-service sticker before the repairs are done is itself a violation. Operating a vehicle in defiance of an out-of-service order is one of the most serious roadside violations a carrier can commit and is weighted heavily in the CSA system.
The official North American Standard Out-of-Service Criteria are published and sold by CVSA through its online store in print and electronic formats, in English, Spanish, and French, and as a mobile app. The criteria are copyrighted by CVSA, so the precise numerical thresholds are not reproduced in full on free websites. Because FMCSA incorporates the handbook by reference, the version FMCSA has adopted is the legally enforceable one. Carriers and maintenance shops that want to inspect to the same standard inspectors use should obtain the current edition directly from CVSA.
Keep the Proof That Every Defect Was Fixed
FileFlo organizes your roadside inspection reports, the repair records that clear an out-of-service order, and the signed 49 CFR 396.9 certification — all in one place, all audit-ready. It is the records and proof layer, not an inspection service. You fix the truck and file the DataQ; FileFlo holds the evidence.
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