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12/17/2009 - Tough New Regs for New Entrant Motor Carriers
OPERATING AUTHORITY APPLICATIONS FROM NEW MOTOR CARRIERS FACE TOUGH NEW REGS!
Effective Wednesday, December 16, 2009, the FMCSA toughened up safety regulations for carriers. The new regulations, adopted by the FMCSA in 2008 but effective this week, define 16 parameters included in the agency’s New Entry Safety Audit. With the new rules now in place, truck operators face having their authority pulled if they’re found to be in violation of any one of the following new safety regulations during the New Entrant Safety Audit:
• Failing to implement an alcohol and/or controlled substances testing program.
• Using a driver known to have an alcohol content of 0.04 or greater to perform a safety-sensitive function.
• Using a driver who has refused to submit to an alcohol or controlled substances test required under Part 382.
• Using a driver known to have tested positive for a controlled substance.
• Failing to implement a random controlled substances and/or alcohol testing program.
• Knowingly using a driver who does not possess a valid CDL.
• 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.
• Knowingly allowing, requiring, permitting, or authorizing a driver to drive who is disqualified to drive a commercial motor vehicle.
• Operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage.
• Operating a passenger carrying vehicle without having in effect the required minimum levels of financial responsibility.
• Knowingly using a disqualified driver.
• Knowingly using a physically unqualified driver.
• Failing to require a driver to make a record of duty status.
• Requiring or permitting the operation of a commercial motor vehicle declared ‘‘out-of-service’’ before repairs are made.
• Failing to correct out-of-service defects listed by driver in a driver vehicle inspection report before the vehicle is operated again.
• Using a commercial motor vehicle not periodically inspected.
Once any motor carrier fails the New Entrant Safety Audit they have just sixty (60) days to correct the deficiencies … or they lose their operating authority. For help with this or any other DOT Compliance issue … including DQF file management, Mock Audits, or CSA 2010-related issues, contact NECS® at (800) 348-3242, or click on the following link to reach us for more information: http://www.necsfueltaxes.com/contact_necs.asp
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