FMCSA tightens noose on new entrants failing safety audits

A new entrant motor carrier who fails the initial safety audit must submit evidence of corrective action within 15 days of the date of a new entrant safety audit failure notice or within 10 days of the date of an expedited action notice.

The Trucker News Services

8/15/2012

WASHINGTON — The Federal Motor Carrier Safety Administration is tightening the noose on carriers that fail the new entrant safety audit.

The agency will publish a notice in the Federal Register Thursday that provides notice of an agency policy that the FMCSA must receive a new entrant motor carrier’s evidence of corrective action within 15 days of the date of a new entrant safety audit failure notice or within 10 days of the date of an expedited action notice.

A new entrant motor carrier that does not submit evidence of corrective action within these time periods could have its registration revoked and be placed out-of-service.

This decision became effective on July 20 for expedited action notices and will become effective next Monday for safety audit failure notices.

A new entrant motor carrier that fails the safety audit must provide the agency evidence

of demonstrating corrective action for all violations contributing to the carrier’s failure. Except for certain passenger carriers and hazardous materials carriers which must take corrective action within 45 days, new entrants must take corrective action within 60 days.

If the new entrant fails to submit timely evidence of corrective action that is acceptable to FMCSA, its new entrant registration will be revoked and its interstate motor carrier operations ordered OOS.

In addition, a new entrant that commits certain violations may be subject to an expedited action which may include being subjected to an expedited safety audit or compliance review, or being required to submit evidence demonstrating corrective action.

The agency said it was taking the action because it had observed that a number of new entrant carriers have waited until the end of the corrective action periods to submit evidence of corrective action, leaving FMCSA officials little to no time for review.

If agency officials do not have sufficient time for review, the agency cannot make a determination within the appropriate time period as to whether evidence of corrective action has been properly demonstrated, FMCSA officials said.

entrant safety audit failure notice or within 10 days of the date of the expedited action notice, agency officials will either review and make a decision on whether it is acceptable before the end of the corrective action period or, in the case of new entrant safety audit failures, grant an extension of time to complete the review if the agency determines that the motor carrier is making a good faith effort to remedy deficiencies.

The agency said it would not grant an extension in the case of an expedited action notice or for motor carriers that transport passengers or hazardous materials.

Transportation Secretary Ray LaHood last year ordered the agency to end extensions for passenger carriers after a motor coach company that had been granted an extension had a fatal accident during the period of its extension.

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