Life on the Road – Trucking News Blog

So you say you want to start your own trucking company? Well take heed to the new safety audit, as if you do not adhere to the regulations, you might as well just forget about making your “dream” come true.

The FMSCA recently passed regulations stating that new entrants will receive an automatic failing of their safety audit should any of the following take place:

“1. Sec.382.115(a)/Sec.382.115(b)Single occurrence.Failing to implement an alcohol and/or controlled substances testing program

2. Sec.382.201-Single occurrence.-Using a driver known to have an alcohol content of 0.04 or greater

3. Sec.382.211-Single occurrence.-Using a driver who has refused to submit to an alcohol or controlled substances test required under part 382.

4. Sec.382.215-Single occurrence.-Using a driver known to have tested positive for a controlled substance.

5. Sec382.305-Single occurrence.-Failing to implement 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(a)-Single occurrence.-Knowingly allowing, requiring, permitting, or authorizing an employee with a commercial driver’s license which is suspended, revoked, or canceled by a State or who is disqualified to operate a commercial motor vehicle.

8. Sec.383.51(a)-Single occurrence.-Knowingly allowing, requiring, permitting, or authorizing a driver to drive who is disqualified to drive. This violation refers to a commercial motor vehicle as defined under Sec. 383.5.

9. Sec.387.7(a)-Single occurrence-Operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage.

10. Sec.387.31(a)-Single occurrence-Operating a passengercarrying vehicle without having in effect the required minimum levels of financial responsibility.

11. Sec.391.15(a)-Single occurrence-Knowingly using a disqualified driver

12. Sec.391.11(b)(4)-Single occurrence-Knowingly using a physically unqualified driver.This violation refers to a driver operating a CMV as defined under Sec.390.5.

13. Sec. 395.8(a)-Requires a violation threshold (51% or more of examined records) to trigger automatic failure.-Failing to require a driver to make a record of duty status.

14. Sec.396.9(c)(2)-Single occurrence-Requiring or permitting the operation of a commercial motor vehicle declared ”out-of-service” before repairs are made.

15. Sec.396.11(c)-Single occurrence-Failing to correct out of-service defects listed by driver in a driver vehicle inspection report before the vehicle is operated again.

16. Sec.396.17(a)-Requires a violation threshold (51% or more of examined records) to trigger automatic failure.-Using a commercial motor vehicle not periodically inspected.”

This regulation goes into effect February 17, 2009 and has a compliance deadline of December 16, 2009. “If the new entrant fails the safety audit, the new entrant must provide FMCSA evidence of corrective action within a specified time period. Carriers operating vehicles designed or used to transport 16 or more passengers and hazardous materials carriers must submit evidence within 45 days; passenger carriers operating vehicles designed or used to transport between 9 and 15 passengers and non-hazardous materials property carriers must do so ”
within 60 days.”

A lot of this is just common sense that if you are going to be a new entrant (or even if you are a current entrant operating) to be safe and go by the regulations to avoid being shutdown or put out of service.