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Scope
The new entrant requirements apply to all new motor carriers wishing to operate in interstate commerce.
Regulatory citations
- 49 CFR 385, Subpart D — New entrant safety assurance program
Key definitions
- None
Summary of requirements
All new motor carriers (private, for-hire, and exempt) wishing to operate in interstate commerce must register with the Federal Motor Carrier Safety Administration (FMCSA) and receive a USDOT number.
In addition, for-hire motor carriers must obtain operating authority from FMCSA unless providing transportation exempt from the registration requirements.
After being issued a new entrant registration, the carrier is subject to an 18-month safety-monitoring period. During this safety monitoring period, the carrier’s roadside safety performance will be closely monitored to ensure the carrier’s basic safety management controls are operating effectively. Also, during this safety-monitoring period, the motor carrier will receive a safety audit.
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 the agency to evaluate the adequacy of its basic safety management controls. This period will generally be at least 3 months. Typically, the safety audit occurs within the first 12 months of operation. The carrier may be subjected to an expedited safety audit or compliance review if any of seven violations listed in 385.308 are discovered during a roadside inspection or by any other means.
The violations include, but are not limited to, using a driver who does not possess a valid commercial driver’s license, operating a vehicle placed out of service, being involved in certain hazardous materials reportable incidents, and operating a commercial motor vehicle without appropriate levels of financial responsibility. The entire list of violations may be found in 385.308.
The safety audit will be conducted by a state or federal auditor who will review the carrier’s safety management system. The areas of review include, but are not limited to, the following:
- Driver qualification,
- Driver duty status,
- Vehicle maintenance,
- Accident register, and
- Controlled substances and alcohol use and testing requirements.
FMCSA will notify the carrier of the results of the safety audit within 45 days.
If FMCSA determines the new entrant has adequate basic safety management controls, the new entrant will be notified and will continue to be monitored for the remainder of the 18-month safety-monitoring period.
If FMCSA determines the new entrant does not have adequate basic safety management controls, the new entrant will be notified that its new entrant registration will be revoked and its operations placed out of service unless the new entrant takes specific actions to remedy its safety practices.
A new entrant will automatically fail a safety audit and will receive notice that its USDOT new entrant registration will be revoked if found in violation of any of one of 16 regulations listed in 385.321.
These violations include, but are not limited to, non-compliance with alcohol and controlled substance regulations, using a driver who does not possess a valid commercial driver’s license, using an unqualified driver, and failing to require a driver to complete a daily log. The entire list of violations may be found in 385.321.
All new entrant motor carriers must complete an application package consisting of an MCSA-1 online-only form. The online form is available at the FMCSA website. This online-only form was the result of the FMCSA’s Unified Registration System (URS-1).
For-hire motor carriers must also pay a $300 filing fee to obtain regulated for-hire carrier authority.
Once the application package is completed, the carrier will be granted new entrant registration (USDOT number).
Electronic filing is available using the Safer System.
The regulations governing registering as a new entrant are found at 49 CFR 385 Subpart D. The Safety audit criteria is found in 49 CFR 385 Appendix A.