49 CFR § 395.13
Drivers declared out-of-service
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What does 49 CFR § 395.13 require?
49 CFR 395.13 is the enforcement provision when an inspector catches a driver exceeding HOS limits. The driver is immediately placed out-of-service — meaning they cannot operate a CMV until the required off-duty period elapses. The carrier cannot dispatch them either. The OOS period is the minimum off-duty time needed to bring the driver back into compliance (typically 10 hours for property-carrying, 8 hours for passenger-carrying). Failure to comply with an OOS declaration is a separate violation on top of the underlying HOS violation.
Regulation text (summary)
A driver who has exceeded the maximum on-duty or driving time limits of 49 CFR 395.3 or 395.5 may be declared out-of-service by a special agent of FMCSA or an authorized state enforcement officer. The driver must remain out-of-service for the period necessary to comply with the off-duty time requirement (10 hours for property-carrying, 8 hours for passenger-carrying). The motor carrier shall not require or permit the driver to operate a CMV during the OOS period.
Read full regulation at eCFR.govWho must comply with 49 CFR § 395.13?
Every CMV driver and motor carrier. When a driver is placed OOS under 49 CFR 395.13, both the driver and the carrier are responsible for compliance with the OOS declaration.
What happens if you violate 49 CFR § 395.13?
Civil monetary penalties: $1,100 to $16,550 per violation for the underlying HOS violation, PLUS additional penalties for operating during an OOS declaration. CSA HOS Compliance BASIC severely affected — OOS violations carry the highest weighting. Repeated OOS violations across the fleet can trigger Compliance Reviews and Conditional or Unsatisfactory safety ratings.
Penalty range
Annual citations
YoY penalty trend
How to comply (implementation checklist)
- 1Train drivers on what to do if placed OOS: stop, log the OOS event, contact dispatch, remain at OOS location.
- 2Train dispatchers to NEVER dispatch a driver during an active OOS period.
- 3Document each OOS event in the driver's file and CSA history.
- 4Investigate root cause of OOS events — was it dispatch pressure, ELD non-compliance, or driver behavior?
- 5Implement corrective action for patterns of OOS events across the fleet.
- 6Cross-reference OOS events against ETAs at dispatch — were realistic HOS limits considered?
- 7Track CSA HOS Compliance BASIC monthly for OOS-driven scoring.
Common misinterpretations
- Misinterpretation: 'OOS just means stop for a bit.' Reality: OOS means the driver and vehicle cannot move until the required off-duty period elapses. For an 11-hour rule violation, that's 10 consecutive hours. The driver and vehicle must remain at a safe location during that time.
- Misinterpretation: 'I can call my driver to come help dispatch.' Reality: The driver is OOS for SAFETY-SENSITIVE FUNCTIONS — driving the CMV. Other activities are not prohibited by OOS specifically, but the driver should remain at the OOS location to ensure the off-duty time is counted toward the rest break.
- Misinterpretation: 'OOS is only at the roadside.' Reality: OOS can also be declared at a Compliance Review when audit findings show repeated HOS violations or systematic falsification.
Real enforcement examples
Anonymized from public FMCSA enforcement summaries. Penalty amounts reflect assessed and final settled values where disclosed.
Mid-size carrier received $88,200 penalty in 2024 after a Compliance Review found 6 instances of dispatch contacting an OOS driver during their mandatory rest period. The dispatcher had been pressuring drivers to 'just move the truck out of the way.' Pattern was treated as systematic HOS violation enabling.
Source: FMCSA SafetyNet 2024 enforcement summary, anonymized
How FileFlo handles 49 CFR § 395.13
FileFlo's compliance rule-pack HOS-49CFR395.13 automatically checks every document you upload against this regulation. Auto-detects document type, parses key fields, sets renewal alerts, and surfaces this section in your audit binder if a gap is found.
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Frequently asked questions
What is an OOS declaration?▾
An immediate enforcement action by an FMCSA or state inspector when a driver exceeds HOS limits. The driver cannot operate a CMV until the required off-duty period elapses — typically 10 hours for property-carrying, 8 hours for passenger-carrying.
What happens to the truck during OOS?▾
The truck typically remains at the inspection location until the driver completes the required rest. Another qualified driver can be dispatched to move the truck — but the OOS driver cannot.
Can I dispatch other drivers during one driver's OOS?▾
Yes — OOS applies to the specific driver who violated HOS, not the fleet. Other drivers with available HOS hours can be dispatched to retrieve the load or vehicle.
What if my driver disagrees with the OOS declaration?▾
The driver must comply with the OOS for the duration. Disputes can be raised after the fact through FMCSA's enforcement appeal process. Continuing to operate during the OOS is a separate, more serious violation.
Does OOS go on my driver's record?▾
Yes. OOS events are reported in CSA and feed into both the driver's history and the carrier's CSA HOS Compliance BASIC scoring. Multiple OOS events across the fleet can trigger Compliance Reviews.
How does 49 CFR 395.13 relate to the underlying HOS violation?▾
The underlying violation is the HOS limit breach (e.g., exceeding 11-hour driving under 49 CFR 395.3). 49 CFR 395.13 is the IMMEDIATE consequence — declaring the driver OOS. The HOS violation is cited and penalized; the OOS is the enforcement mechanism preventing continued violation.
Related regulations
Related guides
Sources + reviewer
Primary source: eCFR.gov: 49 CFR § 395.13
Reviewed by Chad Griffith (Founder + CEO, FileFlo) on