Compliance
Out-of-service orders and Form OCE-46: which path fits your order
Updated
Form OCE-46 is a request to voluntarily revoke your own operating authority, and it leaves an out-of-service order in place. Getting out of service removed depends on the type of order, and each type has its own review path and deadline.
At a glance
- Form OCE-46
- Voluntary revocation of your own authority
- Failed new entrant audit
- Review request generally within 90 days, 15 days for an early decision
- Safety rating error
- Review request generally within 90 days
- Wrong inspection or crash data
- DataQs, next stage within 30 days of a decision
- Roadside vehicle defect
- Repair first, certify within 15 days
What Form OCE-46 does
Form OCE-46 asks FMCSA to revoke your operating authority because you want it revoked. Carriers use it to close out an authority. FMCSA's page for the form, dated April 23, 2025, requires the signature to be notarized or witnessed by FMCSA.
To get back on the road, use the path for your order below, since filing an OCE-46 doesn't appeal or cancel an out-of-service order.
Match your order to its review path
Start with the order you were served, because it controls. Each type has its own path, and no single out-of-service appeal form, fee or deadline covers them all. Asking for review doesn't pause an order on its own.
| Order or problem | Where to go | Timing |
|---|---|---|
| Imminent hazard order | Review under 49 CFR 386.72(b)(4) | Comply immediately. Review takes place no later than 10 days after the order is issued |
| Failed new entrant safety audit | Administrative review from the FMCSA Field Administrator | Generally within 90 days of the failure or insufficient-correction notice. Within 15 days of the first failure notice for a decision before out-of-service consequences |
| Safety rating you think is wrong | Administrative review under 49 CFR 385.15 | Generally within 90 days of the proposed or final rating, or of a denied change |
| Rating that should change after you fixed the problems | Request under 49 CFR 385.17 | Any time |
| Wrong inspection or crash data | DataQs | Ask for the next stage within 30 days of each decision |
| Vehicle placed out of service at roadside | Repair, then certify | Repair before the truck moves. Certify within 15 days of the inspection |
| Authority revoked for an insurance or BOC-3 lapse | Reinstatement | $80, once filings are back, your USDOT number is active and no out-of-service order or safety case stands |
For an order that matches no row, work from the served order and contact FMCSA about it.
Roadside out-of-service defects
A vehicle placed out of service at roadside has to be repaired before it runs again. Within 15 days of the inspection, certify that the defects were corrected.
Since a June 2026 change, you return the certified report only if the state that issued it asks for it. Either way, keep a copy for 12 months.
Failed audit and out of service
When you fail a new entrant safety audit, you get a fixed time to correct the problems, 60 days for an ordinary property carrier. If they aren't fixed, your registration is revoked and you're placed out of service. You can reapply no earlier than 30 days after revocation.
File a review request early if you think the audit was wrong, because the request doesn't stop that clock by itself. See new entrant audit.
Correcting inspection and crash data in DataQs
DataQs takes requests to review inspection or crash data that's wrong or incomplete and sends them to the agency that reported it. A correction can change your CSA scores, but it doesn't lift an out-of-service order. Since September 18, 2026, state reviews run in three stages: initial review, reconsideration and final review.
Reinstatement after a revocation
If your authority was revoked, reinstatement waits while your USDOT number is inactive or out of service, or while an imminent hazard or final Unsatisfactory rating case is open. Clear that first, then restore your filings and request reinstatement for $80.
Check where your record stands. The status check reads the latest FMCSA data for your DOT or MC number and shows your authority status. Check your status
Frequently asked questions
Will Form OCE-46 lift an out-of-service order?
That form asks FMCSA to revoke your own operating authority, so it neither appeals nor cancels an out-of-service order.
Is there one form to appeal an out-of-service order?
Out-of-service orders have no single appeal form, fee or deadline. Start from the order you were served and follow the review path for its type.
How long do I have to certify a roadside repair?
You have 15 days from the inspection to certify that the defects were corrected. The repairs have to happen before the vehicle runs again, and you keep a copy for 12 months.
Does a DataQs correction lift an out-of-service order?
DataQs reviews inspection or crash data that's wrong or incomplete. A correction there can change your CSA scores while the out-of-service order stays in force.