Avoiding expedited action is key to passing your New Entrant Safety Audit and earning your permanent operating authority.
While the New Entrant Safety Audit is supposed to be more ‘educational’ than a punishment, new trucking companies can still get themselves in serious trouble with a New Entrant Safety Audit.
New Entrant companies are subject to "expedited action" if an inspector discovers any one of the following seven violations during a roadside inspection:
- Using a driver not possessing a valid commercial driver’s license to operate a commercial vehicle as defined under 49 CFR Part 383.5. An invalid commercial driver’s license includes one that is falsified, revoked, suspended, expired, or missing a required endorsement.
- Operating a vehicle placed out of service for violations of the Federal Motor Carrier Safety Regulations or compatible state laws and regulations without taking necessary corrective action.
- Being involved in, through action or omission, a hazardous materials reportable incident, as described under 49 CFR Parts 171.15 or 171.16, involving:
- A highway route controlled quantity of certain radioactive materials (Class 7).
- Any quantity of certain explosives (Class 1, Division 1.1, 1.2, or 1.3).
- Any quantity of certain poison inhalation hazard materials (Zone A or B).
- Being involved in, through action or omission, any two or more hazardous materials reportable incidents as described under 49 CFR Parts 171.15 or 171.16, involving hazardous materials other than those listed above.
- Using a driver who tests positive for controlled substances or alcohol or who refuses to submit to required controlled substances or alcohol tests and who has not completed the Return-to-Duty process.
- Operating a commercial motor vehicle without the levels of financial responsibility required under 49 CFR Part 387.
- Having a driver or vehicle out-of-service rate of 50 percent or more based upon at least three inspections occurring within a consecutive 90-day period.
What is Expedited Action?
There are two types of expedited action, depending on whether or not the New Entrant motor carrier has had a New Entrant Safety Audit or a Compliance Review.
When the New Entrant has not had either type of audit, the FMCSA will schedule a Safety Audit as soon as possible. When the New Entrant has already had an audit and has been cited for any of the above violations, the New Entrant will be required to submit evidence of corrective action within 30 days.
Failure to respond within 30 days will result in the revocation of the New Entrant’s registration. Additionally, the FMCSA may schedule a Compliance Review if it determines a review of the New Entrant’s operation is warranted.
How Can a New Entrant Avoid Expedited Action?
Events or violations leading to “expedited actions” are often the result of poor safety management. Understand your DOT requirements and get compliant before you hit the road. Working with a trusted partner to maintain your compliance on an ongoing basis is the best way to ensure you're meeting the latest regulations.
The Power of an Audit Assurance Program
Foley has 30+ years of experience helping New Entrants prepare for and pass their safety audits. Many, if not most, New Entrants never recover from serious violations found in a New Entrant Safety Audit, but this doesn't have to be your fate.
Connect with a Foley DOT compliance expert today to get ready for your New Entrant Safety Audit, and once you've passed, consider our Audit Risk Monitor program. You'll be immediately notified if your risk for a DOT intervention goes up, with thorough tracking of your company's safety data and roadside inspection results.
To get started on your journey toward earning your permanent operating authority, fill out the form below.
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