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(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:
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. |
[67 FR 31984, May 13, 2002; 73 FR 76489, Dec. 16, 2008; 77 FR 26989, May 8, 2012; 80 FR 59073, Oct. 1, 2015]