[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR385.307]



[Page 227]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 385_SAFETY FITNESS PROCEDURES--Table of Contents

 

             Subpart D_New Entrant Safety Assurance Program

 

Sec. 385.307  What happens after a motor carrier begins operations as 

a new entrant?



    After a new entrant satisfies all applicable pre-operational 

requirements, it will be subject to the new entrant safety monitoring 

procedures for a period of 18 months. During this 18-month period:

    (a) The new entrant's roadside safety performance will be closely 

monitored to ensure the new entrant has basic safety management controls 

that are operating effectively. An accident rate or driver or vehicle 

violation rate that is higher than the industry average for similar 

motor carrier operations may cause the FMCSA to conduct an expedited 

safety audit or compliance review at any time.

    (b) A safety audit will be conducted on the new entrant, once it has 

been in operation for enough time to have sufficient records to allow 

the agency to evaluate the adequacy of its basic safety management 

controls. This period will generally be at least 3 months.

    (c) All records and documents required for the safety audit shall be 

made available for inspection upon request by an individual certified 

under FMCSA regulations to perform safety audits.