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Federal Out-of-Service Orders
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There are four general instances in which the FMCSA will order a motor carrier to cease interstate operations:
- When the motor carrier receives a final unsatisfactory safety rating from the FMCSA as set forth in 49 Code of Federal Regulations (CFR) part 385 and the Transportation Equity Act for the 21st century (TEA-21);
- When, after exhausting all due process options, the motor carrier fails to pay Federal fines levied from FMCSA enforcement actions as set forth in 49 CFR part 386 and Section 206 of the Motor Carrier Improvement Act of 1999;
- When the motor carrier is determined to be an imminent hazard; and,
- When a new entrant fails an audit or does not schedule an audit within 18 months.
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