FMCSA Final Rule Raises Standard of Compliance for New Entrant Motor Carrier Companies
The Federal Motor Carrier Safety Administration has issued a final rule amending the FMCSA's New Entrant Safety Assurance Program regulations to raise the standard of compliance for new entrant motor carrier owners and operators to pass the safety audit necessary to operate in interstate commerce.
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The final rule is effective February 17, 2009, however compliance is only required beginning December 16, 2009.
(The FMCSA requires each motor carrier owner and operator granted new operating authority to undergo a safety review within 18 months of starting operations in order to operate in interstate commerce. The safety audit educates the company on compliance with FMCSA regulations and Hazardous Materials Regulations (HMRs) and determines if the carrier company is exercising basic safety management controls.)
Compliance with 16 Safety Audit Regulations Necessary to Operate in Interstate Commerce
The FMCSA has identified 16 regulations that are essential elements of basic safety management controls necessary to operate in interstate commerce. The final rule makes a carrier company's failure to comply with any one of the following 16 regulations an automatic failure of the safety audit:
- Failing to implement an alcohol and/or controlled substances testing program (domestic and foreign motor carriers, respectively);
- 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 49 CFR 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 commercial driver's license (CDL);
- Knowingly allowing, requiring, permitting, or authorizing an employee with a CDL 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; and
- Using a commercial motor vehicle not periodically inspected.
Additional Requirements That Do Not Affect Outcome of Safety Audit
The final rule imposes additional requirements on new entrants for which failure to comply will not affect the outcome of the safety audit but will lead the FMCSA to take appropriate actions to improve compliance.
These new requirements are: (1) if certain violations are discovered during a roadside inspection, the new entrant will be required to correct these deficiencies in an expedited fashion; and (2) an FMCSA check during the new entrant safety audit for compliance with the Americans with Disabilities Act and certain household goods-related requirements if they apply to the new entrant's operation.
Clarifying Changes, Separate Carrier Program, Elimination of Form
The final rule also: (1) clarifies changes to some of the existing new entrant regulations; (2) establishes a separate new entrant application procedure and safety oversight program for non-North America-domiciled motor carriers; and (3) eliminates Form MCS-150A (Safety Certification for Application for USDOT Number) as FMCSA believes it is not an effective instrument for "establishing knowledgeability."
(See ITT's Online Archives or 01/22/07 news, 07012220, for BP summary of FMCSA's proposed rule. See ITT's Online Archives or 09/03/03 news, 03090325, for BP summary of an FMCSA proposed rule on a hazmat safety permit program which includes a summary of its May 2002 interim final rule establishing minimum requirements for new entrant motor carriers.)
FMCSA contact - Stephanie Haller (202) 366-0178
FMCSA final rule (D/N FMCSA-2001-11061, FR Pub 12/16/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-29253.pdf