|FMCSA Issues New Policy Regarding New Entrant Motor Carriers|
|Thursday, 16 August 2012 17:18|
Change effects timeliness of Corrective Action Submission
By CTN Staff
In a Notice of Policy change published in the Federal Register on August 16, 2012 by the Federal Motor Carrier Safety Administration (FMCSA), a new entrant motor carrier will have less time to submit a corrective action plan to the Agency. Failure to follow this new policy can lead to revocation and a federal out-of-service order placed against the motor carrier.
Before FMCSA can issue permanent operating authority to new entrant motor carriers, they must successfully complete the 18-month New Entrant Safety Assurance Program. This mandatory program places new entrants under closer Agency scrutiny regarding safety management practices and closely monitors data from roadside inspections and crashes. All new entrants face a safety audit generally after 3 months of operations.
Under Part 385 of the Federal Motor Carrier Safety Regulations (FMCSRs) there are 16 violations that will result in an automatic failure of the New Entrant Safety Audit. Additionally, new entrants can face an expedited action based on violations found in §385.308
Under the current regulations when a new entrant fails a safety audit or is subjected to an expedited action, they have 60 or 30 days respectively to submit evidence demonstrating they have taken corrective actions that are acceptable to FMCSA.
According to the Agency many new entrants have waited until the very end of the allowable time limits to submit corrective action plans thus not giving the Agency sufficient time to review and make its decisions.
Under the new policy effective August 20, 2012 a new entrant must submit their corrective action plan within 15 days of a failure notice of a new entrant audit or within 10 days in the case of an expedited action notice.
FMCSA cautions that if it receives evidence of corrective actions beyond the cut-off dates, the Agency will not guarantee that the evidence will be considered prior to a motor carrier having its registration automatically revoked. If a motor carrier has its registration revoked it would need to wait 30 days before reapplying for new entrant registration in accordance with 49 CFR 385.329.