Ask X3What does 49 CFR 385.308 (Expedited safety audits and compliance reviews of new entrants) require?
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Based on 49 CFR 385.308, if your new entrant motor carrier commits specific safety violations (such as using a driver without a valid CDL, operating a vehicle placed out of service without fixing the issue, certain hazardous materials incidents, drug or alcohol test violations, lacking required financial responsibility, or hitting a driver or vehicle out-of-service rate of 50% or more across at least three inspections in 90 days), the Federal Motor Carrier Safety Administration (FMCSA) may take the following actions:
* If you have not yet had a safety audit or compliance review: FMCSA will schedule you for a safety audit as soon as practicable.
* If you have already had a safety audit or compliance review: FMCSA will send you a notice requiring you to submit evidence of corrective action within 30 days of the notice's service date. Failing to respond within 30 days will result in the revocation of your new entrant registration.
* Compliance Review: FMCSA may also schedule a compliance review at any time if the violation is severe enough to warrant a thorough review of your operations.