FMCSA Out-of-Service Order Help & USDOT Reinstatement

What causes an FMCSA out-of-service order?

An out-of-service order for a company is not the same as a roadside out-of-service violation on one truck or driver. A company-wide order stops all of your interstate operations. The fix depends completely on the cause, so the first job is to read the notice and your SAFER and Licensing & Insurance records carefully.

These are the most common reasons a carrier gets shut down:

• A final Unsatisfactory safety rating after a compliance review (49 CFR 385.13).
• A failed new entrant safety audit with no accepted corrective action, which leads to revocation of your new entrant registration (49 CFR 385.319 and 385.325).
• Refusing to allow a new entrant safety audit (49 CFR 385.337).
• Civil penalties not paid within 90 days of the due date in a final order (49 CFR 386.83).
• An imminent hazard order, when FMCSA finds your operation poses a serious, immediate danger (49 CFR 386.72).
• A missed MCS-150 biennial update, which leads to deactivation of your USDOT number.
• Insurance that was cancelled with no replacement on file, which leads to revocation of your operating authority (MC number).

Unsatisfactory safety rating: how much time do you have?

After a compliance review, FMCSA sends a proposed rating. If it is a proposed Unsatisfactory rating, you are not shut down on day one. Under 49 CFR 385.13, the ban on operating starts on the 61st day after the notice for most property carriers. For hazmat carriers that need placards and for passenger carriers, it starts on the 46th day.

For most property carriers, FMCSA may allow up to 60 more days if you are making a good-faith effort to fix the problems. That is not automatic. The best use of this window is to fix the problems and send FMCSA a written request for a rating change backed by proof (49 CFR 385.17). If the rating becomes final, FMCSA issues an out-of-service order and also moves to revoke your operating authority.

Failed new entrant audit and a revoked USDOT number

New carriers are monitored for 18 months. If you fail the new entrant safety audit, FMCSA sends a notice within 45 days of the audit. You then have 60 days from that notice to show corrective action, or 45 days if you haul placarded hazmat or carry passengers. If FMCSA does not accept your corrective action in time, it revokes your new entrant registration and places you out of service (49 CFR 385.325).

After revocation, you can reapply no sooner than 30 days after the revocation date. You file an updated MCS-150 with evidence that you fixed the problems, and a new 18-month monitoring period starts. This rule is currently in effect as 49 CFR 385.329T. If your MC number was also revoked, you must reapply for operating authority too.

Unpaid civil penalties and imminent hazard orders

If FMCSA fines you and you do not pay in full within 90 days of the due date, you are barred from interstate operations starting on day 91 (49 CFR 386.83). The same clock applies if you miss a payment on an installment plan. When that happens, the whole remaining balance becomes due right away. FMCSA sends a show-cause notice if no payment arrives within 45 days. The ban stays in place until the penalty is paid in full.

An imminent hazard order is different. FMCSA uses it when your vehicles, drivers or operations are an immediate danger to the public. It takes effect right away. You have a right to a review, which must take place within 10 days of the order (49 CFR 386.72). Because the order is so serious and fast-moving, you should also talk to a transportation attorney.

USDOT number deactivated or MC authority revoked

Every carrier must update its MCS-150 every 24 months, even if nothing changed. The month you file depends on the last digit of your USDOT number. Whether you file in odd or even years depends on the second-to-last digit. Miss it, and FMCSA can deactivate your USDOT number. You may also face civil penalties. The fix is to file an accurate updated MCS-150.

If your insurance company cancels your policy, it must give FMCSA 30 days written notice first (49 CFR 387.313). If no new filing reaches FMCSA, your operating authority gets revoked. To reinstate it, your insurance filing and BOC-3 process agent must be on file before you ask FMCSA to reinstate. FMCSA does not allow reinstatement this way if you were shut down for a final Unsatisfactory rating or an imminent hazard.