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What may trigger an expedited action against a new entrant? (§ 385.308)

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 to operate a commercial vehicle as defined under § 383.5. An invalid commercial driver’s license includes one that is falsified, revoked, expired, or missing a required endorsement
  • Operating a vehicle placed out of service for violations of the Federal Motor Carrier Safety Regulations or compatible State laws and regulations without taking necessary corrective action
  • Being involved in, through action or omission, a hazardous materials reportable incident, as described under 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)
    • 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 commercial motor vehicle without the levels of financial responsibility required under part 387 of this subchapter
  • 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

Last Updated : June 2, 2014
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