Whenever it is determined that an imminent hazard exists as a result of the transportation by motor vehicle, the FMCSA may order a commercial motor vehicle or employee operating such vehicle out-of-service, or order an employer to cease all or part of the employer's commercial motor vehicle operations. See 49 CFR Section 386.72 et al.
"Imminent hazard" means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before a notice of investigation proceeding, or other administrative hearing or formal proceeding, to abate the risk of harm can be completed.
Motor Carriers who receive an imminent hazard out-of-service order must cease all interstate transportation services. To successfully reverse an imminent hazard out-of-service order the motor carrier must create a detailed corrective action plan, safety management plan, and file for a formal review of the order. For more information regarding imminent hazard out-of-service orders and petitions for review please contact the Law Office of Michael Garcia.