Statutes, codes, and regulations
Code of Federal Regulations
Title 49 - TransportationSubtitle B - OTHER REGULATIONS RELATING TO TRANSPORTATIONChapter III - FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATIONSubchapter B - FEDERAL MOTOR CARRIER SAFETY REGULATIONSPart 385 - SAFETY FITNESS PROCEDURES
Subpart D - NEW ENTRANT SAFETY ASSURANCE PROGRAM
Section 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?

49 C.F.R. § 385.321

Download
PDF
Current through May 31, 2024
Section 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

ViolationGuidelines 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 functionSingle occurrence.
3. §382.211-Using a driver who has refused to submit to an alcohol or controlled substances test required under part 382Single occurrence.
4. §382.215-Using a driver known to have tested positive for a controlled substanceSingle occurrence.
5. §382.305-Failing to implement a random controlled substances and/or alcohol testing programSingle occurrence.
6. §383.3(a)/§383.23(a)-Knowingly using a driver who does not possess a valid CDLSingle 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 vehicleSingle occurrence.
8. §383.51(a)-Knowingly allowing, requiring, permitting, or authorizing a driver to drive who is disqualified to drive a commercial motor vehicleSingle 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 coverageSingle occurrence.
10. §387.31(a)-Operating a passenger carrying vehicle without having in effect the required minimum levels of financial responsibilitySingle occurrence.
11. §391.15(a)-Knowingly using a disqualified driverSingle occurrence.
12. §391.11(b)(4)-Knowingly using a physically unqualified driverSingle 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 statusRequires 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 madeSingle 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 operatedSingle occurrence.
16. §396.17(a)-Using a commercial motor vehicle not periodically inspectedRequires a violation threshold (51% or more of examined records) to trigger automatic failure.

49 C.F.R. §385.321

73 FR 76489, 12/16/2008, as amended at 77 FR 26989, 5/8/2012; 80 FR 59073, 10/1/2015