FMCSA reinstatement after Out of Service orders
Carrier-level OOS orders under 49 CFR §385 shut down the operation entirely until corrective action is documented and FMCSA reinstates the authority. We file the reinstatement same business day for $275 standard, after the carrier has completed the corrective-action portion. Plan 4-12 weeks for substantive correction; our filing happens at the end.
How the OOS recovery sequence works
Step 1: FMCSA issues the OOS order, typically following a §385.13 unsatisfactory safety rating after a compliance review or a §385.16 imminent-hazard finding. The order specifies the deficiencies and a corrective-action timeline. Step 2: the carrier completes substantive corrective action — fresh driver qualification files, updated drug-and-alcohol program documentation, fresh maintenance records, HOS compliance audit, etc. Step 3: the carrier files a Safety Management Plan with FMCSA documenting the corrective action. Step 4: the carrier files the reinstatement (us). Step 5: FMCSA reviews and reactivates.
See our why MC numbers get revoked guide for the underlying enforcement framework.
What's included
- FMCSA reinstatement filing same business day after corrective action
- Optional Login.gov account recovery (Full Recovery tier)
- SAFER monitoring through reactivation
- Documentation review for the corrective-action filing
- Coordination with FMCSA division office on the Safety Management Plan
OOS order recovery questions
What kinds of OOS orders apply to a carrier?
Three types: vehicle-level OOS (a specific truck taken out of service at roadside for a brake violation, hours-of-service violation, hazmat issue — typically a 24-hour to 30-day hold on that vehicle until repairs are documented), driver-level OOS (a specific driver placed OOS for HOS violation, drug/alcohol indication, license issue — typically 8-10 hours to 30 days), and carrier-level OOS (the entity itself shut down for imminent-hazard or unsatisfactory safety rating — most severe, requires substantive corrective action plus reinstatement filing).
How does carrier-level OOS recovery work?
A carrier-level OOS under 49 CFR §385 typically follows an unsatisfactory §385.13 compliance review or an imminent-hazard finding under §385.16. The carrier must demonstrate substantive correction of the underlying §391 / §382 / §395 / §396 deficiencies — typically through a written corrective action plan, fresh driver-qualification files on every active driver, fresh maintenance records, fresh HOS audit results — before FMCSA accepts the reinstatement filing. Plan 4-12 weeks for the document-correction portion, then our same-day reinstatement filing.
Can I keep operating during corrective action?
No. A carrier-level OOS prohibits all operations until reinstated. Continuing to operate in OOS status exposes the carrier to additional fines under 49 USC §521(b) up to $25,000 per violation and personal liability for officers in some circumstances. Vehicle and driver-level OOS only restrict the specific unit/individual; carrier-level shuts down the entire operation.
Other reinstatement contexts
You might also need
- Driver MVR & CDLIS for fresh DQ files — FastDriverScreening
- BOC-3 if also lapsed — FastBOC3Filing