Question:
Ever have one of those days? It’s a bad day but seems like it’s not really all that bad?
Example. You get pulled in or over for a MCSAP Inspection damn, bad. The officer finds violations that are listed in the OOS Criteria and places the vehicle OOS, damn bad again. However the officer feels your a good person and the officer can trust you to go to the truck stop 15 minutes away to have your vehicle repaired. Damn good, no roadside service charges for the service call and it’s cheaper per hour when the garage repairs things on-site.
Example, TA charges $77.00 an hour plus mileage for roadside repairs, and $64.00 an hour for regular shop repairs.
Now I hope little warning bells are going off and you’re asking yourself; "How does Mike know that?"
Now the problem, when the vehicle started to be driven after it was placed OOS you violated Federal law despite what the officer said. Besides, chances are when the officer is contacted 6-months later he/she won’t recall saying OK take it to the garage.
At any rate folks, don’t get caught in the middle. Violating a vehicle OOS is an Acute violation and mandates enforcement. Is $13.00 an hour plus mileage worth the possible $10,000 fine for the carrier and $2,500 fine for the driver?
Appendix B to Part 386 Penalty Schedule; Violations and Maximum Monetary Penalties
(a)(3) Non-recordkeeping violations. A person or entity who violates parts 385 or 390-399 of this subchapter, except a recordkeeping requirement, is subject to a civil penalty not to exceed $10,000 for each violation.
(a)(4) Non-recordkeeping violations by drivers. A driver who violates parts 385 and 390-399 of this subchapter, except a recordkeeping violation, is subject to a civil penalty not to exceed $2,500.
§396.9 Inspection of motor vehicles in operation.
(c) Motor vehicles declared "out of service".
(c)(1) Authorized personnel shall declare and mark "out of service" any motor vehicle which by reason of its mechanical condition or loading would likely cause an accident or a breakdown. An "Out of Service Vehicle" sticker shall be used to mark vehicles "out of service".
(c)(2) No motor carrier shall require or permit any person to operate nor shall any person operate any motor vehicle declared and marked "out of service" until all repairs required by the "out of service notice" have been satisfactorily completed. The term "operate" as used in this section shall include towing the vehicle, except that vehicles marked "out of service" may be towed away by means of a vehicle using a crane or hoist. A vehicle combination consisting of an emergency towing vehicle and an "out of service" vehicle shall not be operated unless such combination meets the performance requirements of this subchapter except for those conditions noted on the Driver Equipment Compliance Check.
(c)(3) No person shall remove the "Out of Service Vehicle" sticker from any motor vehicle prior to completion of all repairs, required by the "out of service notice".
Keep the faith.
Mike
Disclaimer: The views posted are those of the author and in no way represent the US Department of Transportation or the Federal Motor Carrier Safety Administration. The accuracy of the rules posted are subject to the status of rules and regulations posted by the GPO and other Government Agencies. The author accepts no responsibility for inaccuracies of any posted regulation or interpretation. Readers should seek legal counsel for all legal issues.

Answer:
I am impressed Mike, Good post.