Trucking News: FMCSA Announces Stricter Entry Requirements

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The Federal Motor Carrier Safety Administration announced a new rule to place stricter safety requirements on all newly registered trucking and bus companies. This final rule raises the compliance standards for passing new entrant safety audits, View the full article

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The key safety regulations, quickly dubbed the “16 deadly sins” by industry insiders, are:

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.

Most of the violations are a “one strike and you’re out” scenario. However, two of the regs – failing to require a driver to make a record of duty status and using a commercial motor vehicle not periodically inspected – require a violation detected 51 percent of the time in trips reviewed.

Any motor carrier found to fail the new entrant safety audit must be notified within 45 days of the review. Once notified that they failed the audit, the motor carrier has 60 days to correct the problems or lose their operating authority.