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Home / Guides

Out-of-Service Order Reinstatement: How to Get a Truck or Company Back on the Road

Reviewed by Austin Park, founder of ICR Filings · Updated October 25, 2026

The short answer
  • Out of service can mean one truck at the roadside or your whole company. Find out which before you do anything else.
  • A truck put out of service at inspection cannot move under its own power until the listed repairs are done. Certify the repairs within 15 days.
  • A company out-of-service order lasts until FMCSA lifts it: an upgraded safety rating, a paid penalty, or accepted corrective action.
  • A suspended MC authority is a different problem, usually a missing BOC-3 or insurance filing.

"Out of service" covers several different orders, and each one ends a different way. Start by working out which one you have. Your notice, the inspection report, or your company snapshot on FMCSA's SAFER site will tell you.

What happenedWhat is out of serviceWhat lifts it
Truck failed a roadside inspectionThat vehicleThe listed repairs, then your certification
Unsatisfactory safety rating became finalYour companyAn upgraded rating after corrective action
FMCSA civil penalty not paidYour interstate operationsFull payment
New entrant audit failed or refusedYour registration is revokedReapplying after 30 days

1. A truck put out of service at an inspection

Inspectors put a vehicle out of service when its mechanical condition or loading would likely cause a crash or breakdown, and they mark it with an out-of-service sticker. Under 49 CFR 396.9:

  • No one may operate the vehicle until every repair on the out-of-service notice is done. It can be towed away by a vehicle using a crane or hoist.
  • No one may remove the sticker before the repairs are finished.
  • The driver delivers the inspection report to the carrier at the next terminal, or sends it right away if the driver will not reach one within 24 hours.
  • Within 15 days of the inspection, the carrier certifies the violations were corrected by signing the report, returns it if the issuing state agency asks, and keeps a copy for 12 months.

2. An unsatisfactory safety rating

After a compliance review, FMCSA can propose an "unsatisfactory" rating. Under 49 CFR 385.13, passenger carriers and placarded hazmat carriers are barred from operating starting on day 46 after the notice, and all other carriers starting on day 61. When the rating becomes final, FMCSA issues an out-of-service order for the company, and it will also revoke the operating authority after notice.

The way back is a rating change under 49 CFR 385.17:

  1. Fix the problems that caused the rating.
  2. Send a written request to the FMCSA Service Center for the area of your principal place of business, describing the corrective actions with documentation.
  3. FMCSA reviews it within 30 days for passenger and placarded hazmat carriers and within 45 days for others, then tells you in writing whether the rating is upgraded.

You can request the change at any time, even before the rating is final. For carriers other than passenger and hazmat, FMCSA may allow up to 60 more days of operation if it sees a good faith effort to improve. If the request is denied, you can ask for administrative review within 90 days.

3. An unpaid FMCSA civil penalty

Under 49 CFR 386.83, if a civil penalty is not paid in full within 90 days after its due date, the carrier is prohibited from operating in interstate commerce starting day 91. FMCSA sends a written warning once a payment is 45 days late. The prohibition lasts until FMCSA receives full payment. The Service Center may allow installments, but a missed installment makes the whole balance due immediately.

4. A new entrant safety audit

New carriers get a safety audit in their first 12 months (see the new entrant audit checklist). Two things lead to an out-of-service order:

  • Failing the audit without fixing it. If you do not send acceptable evidence of corrective action in time, FMCSA revokes your new entrant registration and issues an out-of-service order, effective day 61 from the notice (day 46 for passenger and placarded hazmat carriers).
  • Refusing the audit. FMCSA gives written notice. If you do not agree in writing within 10 days, your registration is revoked and you are out of service on day 11.

To come back, you can reapply no sooner than 30 days after the revocation: submit an updated MCS-150, show the deficiencies are corrected (or submit to the audit, if you refused it), and start the 18-month new entrant period again. If you are a for-hire carrier and your operating authority was revoked too, you also reapply for operating authority.

Not an out-of-service order: a suspended MC number

If FMCSA's letter says your authority is suspended over insurance or a BOC-3, that is a registration problem, not a safety order. It is fixed by getting the filing back on record and requesting reinstatement. See how to reinstate MC authority.

While an order is in effect

Do not operate. FMCSA's rules expose carriers that run under an out-of-service order to federal civil penalties. For a safety rating or penalty question, contact the FMCSA Service Center named on your notice. Not sure what your record shows? A compliance check reviews your FMCSA record and tells you what is open.

Common questions

How do I get a vehicle out-of-service order cleared?

Complete every repair listed on the out-of-service notice before the vehicle moves under its own power. Within 15 days of the inspection, certify the repairs by signing the inspection report, return it if the issuing state asks, and keep a copy for 12 months.

Can I tow an out-of-service truck?

Under 49 CFR 396.9, an out-of-service vehicle may be towed away by a vehicle using a crane or hoist. Otherwise it cannot be operated, and the sticker stays on until the repairs are done.

How long does an unsatisfactory rating take to lift?

After you submit a written request with evidence of corrective action, FMCSA reviews it within 30 days for passenger and placarded hazmat carriers and within 45 days for everyone else.

What if I owe an FMCSA civil penalty?

If a penalty is not paid in full within 90 days of its due date, you are prohibited from operating in interstate commerce starting day 91, and the prohibition continues until FMCSA receives full payment. FMCSA may allow installment payments.

Can I reapply after a new entrant revocation?

Yes, but no sooner than 30 days after the revocation. You submit an updated MCS-150, start the 18-month new entrant period again, and, depending on why you were revoked, show corrective action or submit to the safety audit. For-hire carriers whose authority was revoked must also reapply for authority.

Is out of service the same as a suspended MC number?

No. A suspended MC authority usually means your insurance or BOC-3 filing dropped off. That is fixed by getting the filing back on record and requesting reinstatement.

Official sources

This guide is general information, not legal advice. Rules and fees change, so confirm with the official source before you file.

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