Code of Federal Regulations (alpha)

CFR /  Title 49  /  Part 385  /  Sec. 385.321 What failures of safety management practices disclosed USDOT new entrant registration will be revoked?

(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 Sec. 385.321--Violations That Will Result in Automatic

Failure of the New Entrant Safety Audit------------------------------------------------------------------------

Guidelines for determining

Violation automatic failure of the

safety audit------------------------------------------------------------------------1. Sec. 382.115(a)/Sec. 382.115(b)-- Single occurrence.

Failing to implement an alcohol and/or

controlled substances testing program

(domestic and foreign motor carriers,

respectively).2. Sec. 382.201--Using a driver known to Single occurrence.

have an alcohol content of 0.04 or

greater to perform a safety-sensitive

function.3. Sec. 382.211--Using a driver who has Single occurrence.

refused to submit to an alcohol or

controlled substances test required under

part 382.

4. Sec. 382.215--Using a driver known to Single occurrence.

have tested positive for a controlled

substance.5. Sec. 382.305--Failing to implement a Single occurrence.

random controlled substances and/or

alcohol testing program.6. Sec. 383.3(a)/Sec. 383.23(a)-- Single occurrence.

Knowingly using a driver who does not

possess a valid CDL.7. Sec. 383.37(b)-Knowingly allowing, Single occurrence.

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.8. Sec. 383.51(a)--Knowingly allowing, Single occurrence. This

requiring, permitting, or authorizing a violation refers to a

driver to drive who is disqualified to driver operating a CMV as

drive a commercial motor vehicle. defined under Sec. 383.5.9. Sec. 387.7(a)--Operating a motor Single occurrence.

vehicle without having in effect the

required minimum levels of financial

responsibility coverage.10. Sec. 387.31(a)--Operating a Single occurrence.

passenger carrying vehicle without having

in effect the required minimum levels of

financial responsibility.11. Sec. 391.15(a)--Knowingly using a Single occurrence.

disqualified driver.12. Sec. 391.11(b)(4)--Knowingly using a Single occurrence. This

physically unqualified driver. violation refers to a

driver operating a CMV as

defined under Sec. 390.5.13. Sec. 395.8(a)--Failing to require a Requires a violation

driver to make a record of duty status. threshold (51% or more of

examined records) to

trigger automatic failure.14. Sec. 396.9(c)(2)--Requiring or Single occurrence.

permitting the operation of a commercial

motor vehicle declared ``out-of-service''

before repairs are made.15. Sec. 396.11(a)(3)--Failing to Single occurrence.

correct out-of-service defects listed by

driver in a driver vehicle inspection

report before the vehicle is operated.16. Sec. 396.17(a)--Using a commercial Requires a violation

motor vehicle not periodically inspected. threshold (51% or more of

examined records) to

trigger automatic failure.------------------------------------------------------------------------ [73 FR 76489, Dec. 16, 2008, as amended at 77 FR 26989, May 8, 2012; 80 FR 59073, Oct. 1, 2015]