(1) Authorized department employees, agents of the department, and any police officer shall declare and mark "out of service" any motor vehicle which by reason of its mechanical condition or loading is so imminently hazardous to operate as to be likely to cause an accident or a breakdown. Forms designated by the department shall be used by authorized department employees and agents to mark vehicles and drivers "out of service."

(2) No motor carrier shall require or permit any person to operate nor shall any person operate any motor vehicle declared and marked "out of service" until all repairs required by the "out of service notice" or the department designated inspection form have been satisfactorily completed. The term operate as used in this section shall include towing the vehicle; provided, however, that vehicles marked "out of service" may be towed away by means of a vehicle using a crane or hoist or on a flat bed trailer or semitrailer; and provided further, that the vehicle combination consisting of emergency vehicle and the "out of service" vehicle meets the performance requirements of this Part.

(3) No person shall remove the "out of service" sticker from any motor vehicle prior to completion of all repairs required by the out of service notice.

(1) The driver of any motor vehicle receiving a department designated inspection form shall deliver such form to the motor carrier operating the vehicle upon his arrival at the next terminal or facility of the motor carrier, if such arrival occurs within 24 hours. If the driver does not arrive at the terminal or facility of the motor carrier operating the vehicle within the 24 hours, he shall immediately mail the form to the motor carrier; provided, however, that for operating convenience, motor carriers may designate any shop, terminal, facility or person to which it may instruct its drivers to deliver or forward the department designated inspection form. Provided further, however, that it shall be the sole responsibility of the motor carrier that department designated forms are returned to the department in accordance with the terms prescribed thereon and in accordance with paragraphs (2) and (3) of this subdivision. A driver, if also a motor carrier, shall return the department designated inspection form to the department in accordance with the terms described thereon and in paragraphs (2) and (3) of this subdivision.

(2) Motor carriers shall carefully examine department designated inspection forms. Any and all violations or mechanical defects noted thereon shall be corrected. To the extent drivers are shown not to be in compliance with these regulations, appropriate corrective action shall be taken by the motor carrier.

(3) Motor carriers shall complete the "motor carrier certification of action taken" on the department designated inspection form in accordance with the terms prescribed thereon. Motor carriers shall return the department designated inspection form to the department at the address indicated thereon or e-mail the inspection form to trucksafety.dot.ny.gov within 15 days following the date of the vehicle inspection.