§ 385.321 What failures of safety management practices disclosed by the safety audit will result in a notice to a new entrant that its USDOT new entrant registration will be revoked?

(a) General. The failures of safety management practices consist of a lack of basic safety management controls as described in Appendix A of this part or failure to comply with one or more of the regulations set forth in paragraph (b) of this section and will result in a notice to a new entrant that its USDOT new entrant registration will be revoked.
(b) Automatic failure of the audit. A new entrant will automatically fail a safety audit if found in violation of any one of the following 16 regulations:
Table to §  385.321—Violations That Will Result in Automatic Failure of the New Entrant Safety Audit
Violation Guidelines for determining automaticfailure of the safety audit
1. §  382.115(a)/§  382.115(b)—Failing to implement an alcohol and/or controlled substances testing program (domestic and foreign motor carriers, respectively) Single occurrence.
2. §  382.201—Using a driver known to have an alcohol content of 0.04 or greater to perform a safety-sensitive function Single occurrence.
3. §  382.211—Using a driver who has refused to submit to an alcohol or controlled substances test required under part 382 Single occurrence.
4. §  382.215—Using a driver known to have tested positive for a controlled substance Single occurrence.
5. §  382.305—Failing to implement a random controlled substances and/or alcohol testing program Single occurrence.
6. §  383.3(a)/§  383.23(a)—Knowingly using a driver who does not possess a valid CDL Single occurrence.
7. §  383.37(ab)—-Knowingly allowing, requiring, permitting, or authorizing an employee to operate a commercial motor vehicle with a commercial learner's permit or commercial driver's license which is suspended,disqualified revokedby a State, orhas canceledlost bythe right to operate a CMV in a State or who is disqualified to operate a commercial motor vehicle Single occurrence.
8. §  383.51(a)—Knowingly allowing, requiring, permitting, or authorizing a driver to drive who is disqualified to drive a commercial motor vehicle Single occurrence. This violation refers to a driver operating a CMV as defined under §  383.5.
9. §  387.7(a)—Operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage Single occurrence.
10. §  387.31(a)—Operating a passenger carrying vehicle without having in effect the required minimum levels of financial responsibility Single occurrence.
11. §  391.15(a)—Knowingly using a disqualified driver Single occurrence.
12. §  391.11(b)(4)—Knowingly using a physically unqualified driver Single occurrence. This violation refers to a driver operating a CMV as defined under §  390.5.
13. §  395.8(a)—Failing to require a driver to make a record of duty status Requires a violation threshold (51% or more of examined records) to trigger automatic failure.
14. §  396.9(c)(2)—Requiring or permitting the operation of a commercial motor vehicle declared “out-of-service” before repairs are made Single occurrence.
15. §  396.11(c)—Failing to correct out-of-service defects listed by driver in a driver vehicle inspection report before the vehicle is operated again Single occurrence.
16. §  396.17(a)—Using a commercial motor vehicle not periodically inspected Requires a violation threshold (51% or more of examined records) to trigger automatic failure.
[73 FR 76489, Dec. 16, 2008, as amended at 77 FR 26989, May 8, 2012]