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A new entrant that is found to have violated certain Federal Motor Carrier Safety Regulations (FMCSRs) or Hazardous Materials Regulations (HMRs) may be subject to an expedited investigation or may be required to submit corrective actions.
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 385.308 — What may cause an expedited action?
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.
- Compliance review: An on-site examination of motor carrier operations to determine whether a motor carrier meets the safety fitness standard.
- 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
A new entrant that commits any of the following actions, identified through roadside inspections or by any other means, may be subjected to an expedited safety audit or a compliance review or may be required to submit a written response demonstrating corrective action:
- Using a driver not possessing a valid commercial driver’s license (CDL) to operate a CMV as defined in 383.5. An invalid CDL includes one that is falsified, revoked, expired, or missing a required endorsement.
- Operating a CMV placed out of service for violations of the FMCSRs or compatible state laws and regulations without taking necessary corrective action.
- Being involved in, through action or omission, a hazardous material reportable incident, as described in 49 CFR 171.15 or 171.16, involving a highway route controlled quantity of certain radioactive materials (Class 7), any quantity of certain explosives (Class 1, Division 1.1, 1.2, or 1.3), or any quantity of certain poison inhalation hazard materials (Zone A or B).
- Being involved in, through action or omission, two or more hazardous materials reportable incidents as described under 49 CFR 171.15 or 171.16, involving hazardous materials other than those listed above.
- Using a driver who tests positive for controlled substances or alcohol or who refuses to submit to required controlled substances or alcohol tests.
- Operating a CMV without the levels of financial responsibility required in Part 387.
- Having a driver or vehicle out-of-service rate of 50 percent or more based upon at least three inspections occurring within a consecutive 90-day period.
FMCSA will schedule a new entrant for a safety audit as soon as possible if the new entrant that commits any of the actions listed above and has not had a safety audit or compliance review.
If the new entrant has had a safety audit or compliance review, FMCSA will send the new entrant a notice advising it to submit evidence of corrective action within 30 days of the service date of the notice.
FMCSA may schedule a compliance review of a new entrant that commits any of the actions listed above at any time if it determines the violation warrants a thorough review of the new entrant’s operation.
Failure to respond within 30 days of FMCSA’s demand for a written response demonstrating corrective action will result in the revocation of the new entrant’s registration.