There is finally an out-of-service rule that gives states
direction on how to deal with errant Mexican trucks.
The Commercial Vehicle Safety Administration has made
changes to its North American Standard Out-of-service Criteria that cover any
truck – foreign or domestic – that is being operated without authority or
outside the scope of its authority.
For years, state inspectors have had no clear directive on
what they should do when they stop trucks – particular foreign-based trucks –
that don’t have long-haul authority. Often those trucks stayed in operation
because inspectors did not have a specific mechanism to put them
Rick Craig, OOIDA’s director of regulatory affairs, said the
new OOS criteria includes language that gives inspectors who find vehicles
without operating authority the ability to place those vehicles out-of-service
until proper operating authority is obtained.
Craig said this new language closes a loophole in the old
regulations, because in the past not having proper authority was not considered
an imminent safety hazard, which is the criteria for being placed out of
A Department of Transportation report issued earlier this
year found that several states – including Florida and Indiana – were not
enforcing the out-of-service rule for Mexican trucks because nobody had any
idea how to do it.