§395.13 Drivers declared out of service.

Question 1: May a driver operate any motor vehicle, at the direction of the motor carrier, after being placed out of service for an hours of service violation?

Guidance: An out of service order issued under §395.13 extends only to the operation of Commercial Motor Vehicle (CMV)s. State procedures may differ.

Question 2: May a driver operating a Commercial Motor Vehicle (CMV) under a lease arrangement with a motor carrier, after being placed out of service for an hours of service violation, cancel the lease and continue to operate the vehicle as a private personal conveyance?

Guidance: No. Cancellation of a lease does not relieve the driver of the responsibility of complying with the out of service order which prohibits the driver from operating a Commercial Motor Vehicle CMV.