Beginning operations

Scope

These requirements apply to new U.S. and Canadian motor carriers that are starting interstate commercial motor vehicle (CMV) operations as a new entrant.

Regulatory citations

• 49 CFR 385.307 — What happens after a motor carrier begins operations as a new entrant?

Key definitions

• Commercial motor vehicle (CMV): A self-propelled or towed motor vehicle used on a highway, in interstate commerce, that meets any one of the following criteria:
  • Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight (GVW) or gross combination weight (GCW), of 10,001 pounds or more, whichever is greater; or
  • Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
  • Is designed or used to transport more than 15 passengers (including the driver), and not used to transport passengers for compensation; or
  • Is transporting hazardous materials of a type or quantity which requires placarding.

• New entrant: A motor carrier (not domiciled in Mexico) that applies for a USDOT identification number in order to initiate operations in interstate commerce.

• Safety audit: An examination of a motor carrier’s operations to:
  • Provide educational and technical assistance on safety and the operational requirements of the Federal Motor Carrier Safety Regulations (FMCSRs) and applicable Hazardous Materials Regulations (HMRs); and
  • Gather critical safety data needed to make an assessment of the carrier’s safety performance and basic safety management controls.

Summary of requirements

New entrant safety monitoring. After a new entrant satisfies the pre-operations requirements, it will be subject to new entrant safety monitoring procedures for the next 18 months. During this 18-month period, roadside safety performance will be closely monitored to ensure basic safety management controls are operating effectively.

Safety audit. Also, a safety audit will be conducted on the new entrant, once it has been in operation for enough time to have sufficient records to allow FMCSA to evaluate the adequacy of its basic safety management controls. Generally, this period is at least three months.

Records. All records and documents required for the safety audit must be made available for inspection upon request by an individual certified under FMCSA regulations to perform safety audits.