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 - Safety audit: Failure

49 C.F.R. § 385.321

Download
PDF
Current through November 30, 2024
Section 385.321 - Safety audit: Failure
(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 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 , Dec. 16, 2008, as amended at 77 FR 26989 , May 8, 2012; 80 FR 59073 , Oct. 1, 2015
89 FR 90620 , 11/18/2024