49 CFR 385.321 - What failures of safety management practices disclosed by the safety audit will result in a notice to a new entrant that its USDOT new entrant registration will be revoked?

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§ 385.321 What failures of safety management practices disclosed by the safety audit will result in a notice to a new entrant that its USDOT new entrant registration will be revoked?
(a) General. The failures of safety management practices consist of a lack of basic safety management controls as described in Appendix A of this part or failure to comply with one or more of the regulations set forth in paragraph (b) of this section and will result in a notice to a new entrant that its USDOT new entrant registration will be revoked.
(b) Automatic failure of the audit. A new entrant will automatically fail a safety audit if found in violation of any one of the following 16 regulations:
Table to § 385.321 —Violations That Will Result in Automatic Failure of the New Entrant Safety Audit
Violation Guidelines for determining automaticfailure 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) Single occurrence.
2. § 382.201—Using a driver known to have an alcohol content of 0.04 or greater to perform a safety-sensitive function Single occurrence.
3. § 382.211—Using a driver who has refused to submit to an alcohol or controlled substances test required under part 382 Single occurrence.
4. § 382.215—Using a driver known to have tested positive for a controlled substance Single occurrence.
5. § 382.305—Failing to implement a random controlled substances and/or alcohol testing program Single occurrence.
6. § 383.3(a)383.23(a)—Knowingly using a driver who does not possess a valid CDL Single occurrence.
7. § 383.37(b)-Knowingly allowing, requiring, permitting, or authorizing an employee to operate a commercial motor vehicle with a commercial learner's permit or commercial driver's license which is disqualified by a State, has lost the right to operate a CMV in a State or who is disqualified to operate a commercial motor vehicle Single occurrence.
8. § 383.51(a)—Knowingly allowing, requiring, permitting, or authorizing a driver to drive who is disqualified to drive a commercial motor vehicle Single occurrence. This violation refers to a driver operating a CMV as defined under § 383.5.
9. § 387.7(a)—Operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage Single occurrence.
10. § 387.31(a)—Operating a passenger carrying vehicle without having in effect the required minimum levels of financial responsibility Single occurrence.
11. § 391.15(a)—Knowingly using a disqualified driver Single occurrence.
12. § 391.11(b)(4)—Knowingly using a physically unqualified driver Single occurrence. This violation refers to a driver operating a CMV as defined under § 390.5.
13. § 395.8(a)—Failing to require a driver to make a record of duty status Requires a violation threshold (51% or more of examined records) to trigger automatic failure.
14. § 396.9(c)(2)—Requiring or permitting the operation of a commercial motor vehicle declared “out-of-service” before repairs are made Single occurrence.
15. § 396.11(c)—Failing to correct out-of-service defects listed by driver in a driver vehicle inspection report before the vehicle is operated again Single occurrence.
16. § 396.17(a)—Using a commercial motor vehicle not periodically inspected Requires a violation threshold (51% or more of examined records) to trigger automatic failure.
[73 FR 76489, Dec. 16, 2008, as amended at 77 FR 26989, May 8, 2012]

Title 49 published on 2013-10-01

The following are only the Rules published in the Federal Register after the published date of Title 49.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-05-15; vol. 79 # 94 - Thursday, May 15, 2014
    1. 79 FR 27766 - Incorporation by Reference; North American Standard Out-of-Service Criteria; Hazardous Materials Safety Permits
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration
      Final rule.
      Effective May 15, 2014. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 as of May 15, 2014.
      49 CFR Part 385

Title 49 published on 2013-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 49 CFR 385 after this date.

  • 2014-05-16; vol. 79 # 95 - Friday, May 16, 2014
    1. 79 FR 28471 - Electronic Logging Devices and Hours of Service Supporting Documents
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      DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration
      Supplemental notice of proposed rulemaking; extension of comment period.
      FMCSA is extending the comment period for the supplemental notice of proposed rulemaking published on March 28, 2014 (79 FR 17656). You must submit comments by June 26, 2014.
      49 CFR Parts 385, 386, 390, and 395