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Oregon Bulletin

October 1, 2013

Department of Transportation, Motor Carrier Transportation Division, Chapter 740

Rule Caption: North American Standard Out-of-Service Criteria

Adm. Order No.: MCTD 6-2013

Filed with Sec. of State: 8-26-2013

Certified to be Effective: 8-26-13

Notice Publication Date: 7-1-2013

Rules Amended: 740-100-0090

Subject: MCTD annually adopts the North American Standard Out-of-Service Criteria, published by Commercial Vehicle Safety Alliance. CVSA has maintained, updated and published the North American Standard Out-of-Service Criteria annually for more than twenty years. The April 1, 2013 revision of the North American Standard Out-of-Service Criteria amended the Driver Out of Service Criteria by removing the entry Driver Disqualification. CVSA’s new out-of-service criteria provides that a driver whose driving privilege has been suspended or revoked is only placed out-of-service if the state that issued the CDL is aware of the license privilege withdrawal. This is in conflict with 49 CFR 391.15 which provides that a driver whose driving privileges are withdrawn in any jurisdiction is disqualified from driving a Commercial Motor Vehicle until the withdrawal is lifted. Oregon’s statute, ORS 811.175, mirrors the federal regulation cited above.

   OAR 740-100-0090 has been amended to create an exception from the CVSA Out-of-Service Criteria, which corrects the conflict between CVSA Out-of-Service Criteria and ORS 811.175, and meets the Motor Carrier Safety Assistance Program grant provisions that require Oregon to check CDL status. The exception allows for drivers found to be disqualified in Oregon or any other jurisdiction to be placed out-of-service until re-qualification is established as specified in 49 ¦ CFR 391.15.

Rules Coordinator: Lauri Kunze—(503) 986-3171

740-100-0090

North American Standard Driver Out-of-Service Criteria

(1) Except for any content that conflicts with requirements of section (2) of this rule, the North American Standard Driver Out-of-Service Criteria, published by the Commercial Vehicle Safety Alliance, in effect April 1, 2013, is adopted and incorporated by reference. Inspection violations identified in the Out-of-Service Criteria may be subject to one or both of the following:

(a) Out-of-Service Violation: Drivers with violations under this category must not operate a commercial motor vehicle for a specified period of time or for some violations until a required condition is met.

(b) Other: Violations other than out-of-service violations require no immediate action by the driver or motor carrier. The carrier must certify in accordance with the terms contained on the inspection document and return it to the Department of Transportation within 15 days.

(2) Drivers found to be disqualified in this state or any other jurisdiction, as specified in 49 ¦ CFR 391.15 will be placed Out-of-Service until re-qualification is established.

(3) Copies of the North American Standard Driver Out-of-Service Criteria are available from the Commercial Vehicle Safety Alliance at: 6303 Ivy Lane, Suite 310, Greenbelt, MD 20770-6319.

Stat. Auth.: ORS 823.011 & 825.232

Stats. Implemented: ORS 825.250 & 825.252

Hist.: PUC 7-1989, f. & cert. ef. 5-23-89 (Order No. 89-663); PUC 1-1991, f. & cert. ef. 1-11-91 (Order No. 91-20); PUC 6-1991, f. & cert. ef. 4-9-91 (Order No. 91-455); PUC 6-1992, f. & cert. ef. 2-26-92 (Order No. 92-292); PUC 15-1993(Temp), f. & cert. ef. 8-19-93 (Order No. 93-1156); PUC 6-1994, f. & cert. ef. 3-28-94 (Order No. 94-525); PUC 6-1995, f. & cert. ef. 7-13-95 (Order No. 95-562); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-065-0040; MCT 4-1996, f. 3-20-96, cert. ef. 4-1-96; MCT 1-1997, f. 3-24-97, cert. ef. 4-1-97; MCTB 1-1998, f. 3-10-98, cert. ef. 4-1-98; MCTB 1-1999, f. & cert. ef. 4-22-99; MCTB 1-2000, f. 3-16-00, cert. ef. 4-1-00; MCTB 2-2001, f. 3-13-01, cert. ef. 4-1-01; MCTB 2-2002, f. & cert. ef. 6-21-02; MCTD 2-2003, f. & cert. ef. 4-21-03; MCTD 6-2003, f. & 11-18-03, cert. ef. 1-1-04; MCTD 2-2005, f. 3-18-05, cert. ef. 4-1-05; MCTD 2-2006, f. 3-17-06, cert. ef. 4-1-06; MCTD 1-2007, f. 3-26-07, cert. ef. 4-1-07; MCTD 1-2008, f. 3-20-08, cert. ef. 4-1-08; MCTD 1-2009, f. 3-20-09, cert. ef. 4-1-09; MCTD 1-2010, f. 3-17-10, cert. ef. 4-1-10; MCTD 2-2011, f. & cert. ef. 5-27-11; MCTD 1-2012, f. 2-21-12, cert. ef. 4-1-12; MCTD 3-2013, f. & cert. ef. 4-22-13; MCTD 6-2013, f. & cert. ef. 8-26-13

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use

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