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May a driver operating a 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?

Document
FMCSA-HOS-395.13-Q02.KS_.2020.02.20.docx (25.49 KB)

Lease arrangements and out of service declarations

§395.13 Drivers declared out of service.   

Guidance Q&A

Question 2: May a driver operating a 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 CMV.

Regulatory Topic: Lease arrangements and out of service declarations
Effective Date: Sunday, May 4, 1997
Issued Date: Friday, April 4, 1997