Requirements
The Agency sought to enhance the New Entrant program through implementing the following regulatory and non regulatory proposals Discovery of any one of the 16 specific regulatory violations would result in an automatic failure. The Agency believes that these 16 regulatory requirements are essential to demonstrating that basic safety management controls are in place.
Table to 385.321 (b)
Violations That will Result in Automatic Failure of the New Entrant Safety Audit
Violation
Guidelines for Determining Automatic Failure of the Safety Audit
1. § 382.115(a)/§ 382.115(b)—Failing to implement an alcohol and/or controlled substances testing program (domestic and foreign motor carriers, respectively).
2. § 382.201—Using a driver known to have an alcohol content of 0.04 or greater to perform a safety-sensitive function.
3. § 382.211—Using a driver who has refused to submit to an alcohol or controlled substances test required under part 382.
4. § 382.215—Using a driver known to have tested positive for a controlled substance.
5. § 382.305—Failing to implement a random controlled substances and/or alcohol testing program.
6. § 383.3(a)/§ 383.23(a)—Knowingly using a driver who does not possess a valid CDL.
7. § 383.37(a)—Knowingly allowing, requiring, permitting, or authorizing an employee with a commercial driver’s license which is suspended, revoked, or canceled by a State or who is disqualified to operate a commercial motor vehicle.
8. § 383.51(a)—Knowingly allowing, requiring, permitting, or authorizing a driver to drive who is disqualified to drive a commercial motor vehicle.
9. § 387.7(a)—Operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage.
Single occurrence.
Single occurrence.
Single occurrence.
Single occurrence.
Single occurrence.
Single occurrence.
Single occurrence.
Single occurrence.This violation refers to a driver operating a CMV as defined under § 383.5.
Single occurrence.
What's New
The FMCSA currently identifies 16 regulations that are essential elements of basic safety management controls necessary to operate in interstate commerce and makes a carrier’s failure to comply with any one of the 16 regulations an automatic failure of the safety audit.
Additionally, if certain violations are discovered during a roadside inspection, the new entrant now will be subject to expedited actions to correct these deficiencies.
Additionally, if certain violations are discovered during a roadside inspection, the new entrant now will be subject to expedited actions to correct these deficiencies.
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