49 C.F.R. §395.13 - Drivers ordered out of service

Cite as49 C.F.R. §395.13
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11 cases
  • National Tank Truck Carriers, Inc. v. Federal Highway Admin. of U.S. Dept. of Transp., 98-1248
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 26 Marzo 1999
    ...an out of service order only if that order is issued pursuant to a limited set of criteria, which include 49 C.F.R. §§ 386.72, 392.5, 395.13, 396.9, other "compatible laws" and the OOSC. 49 C.F.R. § 390.5 (definition of "out-of-service order"). Section 390.5 is not itself an authorization t......
  • U.S. v. Knight, 02-1169.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • 1 Octubre 2002
    ...A driver without sufficient rest presents a safety hazard on the highway, and he and his vehicle can be pulled out of service. See 49 C.F.R. § 395.13. In order to take a driver and his shipment off the road for inaccuracies in a logbook, an officer needs to ascertain that there are false en......
  • U.S. v. Parker, 08-2883.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • 18 Noviembre 2009
    ...under the NASIP that will deny a driver with inaccurate records the ability to drive a commercial vehicle for certain amount of time. 49 C.F.R. § 395.13(d)(2). The regulation Every special agent of the Federal Motor Carrier Safety Administration ... is authorized to declare a driver out of ......
  • Scott v. Milosevic, C17-4004-LTS (lead case)
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • 12 Febrero 2019
    ...violation is a citation issued to a motor carrier for a driver who has driven more than the permitted amount of time. See 49 C.F.R. § 395.136 "New entrants" are authorized to conduct business with their motor carrier certificate but they are subject to safety audits. Expediters passed a saf......
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