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Interpretation for 395.13:
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Print  
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Regulations current to Aug 30, 2012
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All Regulations
Part 395
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Hours of service of drivers
§395.13 Drivers declared out of service.
Question 1:
May a driver operate any motor vehicle, at the direction of the motor carrier, after being placed out of service for an hours of service violation?
Guidance: An out of service order issued under §395.13 extends only to the operation of Commercial Motor Vehicle (CMV)s. State procedures may differ.
Question 2:
May a driver operating a Commercial Motor Vehicle (CMV) under a lease arrangement with a motor carrier, after being placed out of service for an hours of service violation, cancel the lease and continue to operate the vehicle as a private personal conveyance?
Guidance: No. Cancellation of a lease does not relieve the driver of the responsibility of complying with the out of service order which prohibits the driver from operating a Commercial Motor Vehicle CMV.
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