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What would cause a motor carrier to fail a new entrant safety audit? (§ 385.321)

A lack of basic safety management controls or failure to comply with one or more of the regulations set forth in the chart below and will result in a notice to a new entrant that its USDOT new entrant registration will be revoked.

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 § 385.321: Violations That Will Result in Automatic Failure of the New Entrant Safety Audit

Violation

Guidelines for Determining Automatic Failure of the Safety Audit

§ 382.115(a)/§ 382.115(b)—Failing to implement an alcohol and/or controlled substances testing program (domestic and foreign motor carriers, respectively).

Single occurrence.

§ 382.201— Using a driver known to have an alcohol content of 0.04 or greater to perform a safety-sensitive function.

Single occurrence.

§ 382.211—Using a driver who has refused to submit to an alcohol or controlled substances test required under part 382.

Single occurrence.

§ 382.215—Using a driver known to have tested positive for a controlled substance.

Single occurrence.

§382.305—Failing to implement a random controlled substances and/or alcohol testing program.

Single occurrence.

§ 383.3(a)/§ 383.23(a)—Knowingly using a driver who does not possess a valid CDL.

Single occurrence.

§ 383.37(b)—Knowingly allowing, 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.

Single occurrence.

§ 383.51(a)—Knowingly allowing, requiring, permitting, or authorizing a driver to drive who is disqualified to drive a commercial motor vehicle.

Single occurrence.
This violation refers to a driver operating a CMV as defined under § 383.5.

§ 387.7(a)—Operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage.

Single occurrence.

§387.31(a)—Operating a passenger carrying vehicle without having in effect the required minimum levels of financial responsibility.

Single occurrence.

§ 391.15(a)—Knowingly using a disqualified driver.

Single occurrence.

§ 391.11(b)(4)—Knowingly using a physically unqualified driver.

Single occurrence.
This violation refers to a driver operating a CMV as defined under § 390.5

§ 395.8(a)—Failing to require a driver to make a record of duty status.

Requires a violation threshold (51% or more of examined records) to trigger automatic failure.

§ 396.9(c)(2)—Requiring or permitting the operation of a commercial motor vehicle declared ‘‘out-of-service’’ before repairs are made.

Single occurrence.

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

Single occurrence.

§ 396.17(a)—Using a commercial motor vehicle not periodically inspected.

Requires a violation threshold (51% or more of examined records) to trigger automatic failure.

 

Last Updated : June 2, 2014