Any
new motor carrier will
be subject to an 18-month safety-monitoring period.
During this safety-monitoring period, the carrier will
receive a safety audit and have their roadside crash and
inspection information closely evaluated. The carrier
will be required to demonstrate it has the necessary
systems in place to ensure basic safety management
controls. Failure to demonstrate basic safety management
controls may result in the carrier having their new
entrant registration revoked.
Who
is subject to this rule?
Beginning
January
1, 2003,
all new motor carriers (private and for-hire) operating
in interstate commerce must apply for registration
(USDOT Number) as a "new entrant"
.
What
happens after the 18-month new entrant
registration?
The
carrier will be notified in writing that the "new
entrant" designation will be removed from their
registration at the end of the 18-month
safety-monitoring period, if the carrier meets the
following requirements:
- The new
entrant has passed a safety audit, or has not been
deemed "unfit" following a compliance review; and
- The new
entrant does not have any outstanding civil penalties.
Where
will these safety audits be conducted?
The
safety audits will primarily be conducted on-site at the
carrier's principle place of business. However, some
safety audits may be conducted at other
locations.
When
does this rule go into effect?
The
rule becomes effective January
1, 2003.
When
will safety audits be conducted?
New
entrant motor carriers can expect to start receiving
safety audits 3-6 months after they are granted new
entrant registration.
Why
were these rules created?
Congress
required the FMCSA to establish minimum requirements for
new motor carriers seeking federal interstate operating
authority. These minimum requirements include having the
carrier certify that it has systems in place to ensure
compliance with the Federal Motor Carrier Safety
Regulations, and a safety audit conducted within the
first 18 months of the carrier's interstate
operation.
How
will the safety audit be conducted?
The
safety audit will be conducted by a State or Federal
Auditor and will consist of a review of the carrier's
safety management system. The areas of review include,
but are not limited to, the following:
- Driver
Qualifications;
- Driver
Duty Status;
- Vehicle
Maintenance;
- Accident
Register; and
- Controlled
Substances and Alcohol use and testing requirements.
How will the FMCSA notify a
carrier of their safety audit
results?
FMCSA
will notify the carrier in writing of the results of the
safety audit within 45 days from the date it was
completed. Should they not pass this safety audit
they will be given an opportunity to implement compliance
programs within a specific time period or their
operating authority will be
revoked.
