政策法规现行有效美国跨境陆运

§ 395.13 Drivers ordered out of service.

效力	法规类型	发布日期	生效日期	发文机构
现行有效	部门规章	2026-06-22	2026-07-22	Code of Federal Regulations (CFR) - Transportation (Title 49)

发布06-22

生效07-22

摘要总结AI 辅助解读

本法规（49 CFR § 395.13）确立了美国联邦汽车运输安全管理局（FMCSA）特别探员将驾驶员“责令停运”（Out of Service, OOS）的权力及后续处理流程。核心内容包括：当发现驾驶员违反工时限制或未按规定保持最近7天连续有效的值班状态记录时，可立即下令停运。被停运期间，承运人严禁要求或允许该驾驶员驾驶商业车辆；若因未准备记录被停运，驾驶员需补足规定的连续休息时间方可复驶。承运人须在检查后15天内提交《行动认证表》，驾驶员须在24小时内向公司报告。此规定直接关联跨境陆运中的合规风险与运营中断成本。

(a) Authority to order drivers out of service. Every special agent of the Federal Motor Carrier Safety Administration (as defined in appendix B to part 390 of this chapter) is authorized to order a driver out of service and to notify the motor carrier of that order, upon finding at the time and place of examination that the driver has violated the out-of- service criteria as set forth in paragraph (b) of this section.
(b) Out of service criteria. (1) No driver shall drive after being on duty in excess of the maximum periods permitted by this part.

- (2) No driver required to maintain a record of duty status under § 395.8 or § 395.15 of this part shall fail to have a record of duty status current on the day of examination and for the prior seven consecutive days.

- (3) Exception. A driver failing only to have possession of a record of duty status current on the day of examination and the prior day, but has completed records of duty status up to that time (previous 6 days), will be given the opportunity to make the duty status record current.

(c) Responsibilities of motor carriers. (1) No motor carrier shall:
(i) Require or permit a driver who has been ordered out of service to operate a commercial motor vehicle until that driver may lawfully do so under the rules in this part.

- (ii) Require a driver who has been ordered out of service for failure to prepare a record of duty status to operate a commercial motor vehicle until that driver has been off duty for the appropriate number of consecutive hours required by this part and is in compliance with this section. The appropriate consecutive hours off duty may include sleeper berth time.

- (2) A motor carrier shall complete the “Motor Carrier Certification of Action Taken” portion of the form “Driver/Vehicle Examination Report” and deliver the copy of the form either personally or by mail to the Division Administrator or State Director Federal Motor Carrier Safety Administration, at the address specified upon the form within 15 days following the date of examination. If the motor carrier mails the form, delivery is made on the date it is postmarked.

(d) Responsibilities of the driver. (1) No driver who has been ordered out of service shall operate a commercial motor vehicle until that driver may lawfully do so under the rules of this part.

- (2) No driver who has been ordered out of service, for failing to prepare a record of duty status, shall operate a commercial motor vehicle until the driver has been off duty for the appropriate number of consecutive hours required by this part and is in compliance with this section.

- (3) A driver to whom a form has been tendered ordering the driver out of service shall within 24 hours thereafter deliver or mail the copy to a person or place designated by the motor carrier to receive it.

- (4) Section 395.13 does not alter the hazardous materials requirements prescribed in § 397.5 pertaining to attendance and surveillance of commercial motor vehicles.

[44 FR 34963, June 18, 1979, as amended at 47 FR 53392, Nov. 26, 1982; 51 FR 12622, Apr. 14, 1986; 53 FR 18058, May 19, 1988; 53 FR 38670, Sept. 30, 1988; 53 FR 47544, Nov. 23, 1988; 60 FR 38748, July 28, 1995; 66 FR 49874, Oct. 1, 2001; 68 FR 22516, Apr. 28, 2003; 70 FR 50073, Aug. 25, 2005; 75 FR 17245, Apr. 5, 2010; 77 FR 28451, May 14, 2012; 83 FR 22878, May 17, 2018; 86 FR 57076, Oct. 14, 2021; 88 FR 80192, Nov. 17, 2023]