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 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) 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(a)(3) - Failing to correct out-of-service defects listed by driver in a driver vehicle inspection report before the vehicle is operated 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; 80 FR 59073, Oct. 1, 2015]

Title 49 published on 2015-10-01

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

  • 2015-10-21; vol. 80 # 203 - Wednesday, October 21, 2015
    1. 80 FR 63695 - Unified Registration System
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration
      Final rule; extension of effective dates.
      Effective Dates: The effective date of this rule is September 30, 2016, except for §§ 365.T106, 368.T3, and 390.T200, which are effective from December 12, 2015 through September 29, 2016. The effective dates of the rule published at 78 FR 52608 (August 23, 2013) are delayed until September 30, 2016. The withdrawal of Instruction #1 from the correction published at 78 FR 63100 (October 23, 2013) is effective October 21, 2015. Compliance Dates: The compliance date for this rule is September 30, 2016, except that: New applicants must comply with §§ 365.T106, 368.T3 or 390.T200 (as applicable) from December 12, 2015 through September 29, 2016; private hazardous material carriers and exempt for-hire carriers must comply with §§ 387.19 or 387.43 (as applicable) by December 31, 2016; and all entities must comply with § 366.2 by December 31, 2016. Petitions for reconsideration must be received by November 20, 2015.
      49 CFR Parts 360, 365, 366, 368, 385, 387, 390 and 392