Ask X3What does 49 CFR 385.321 (Safety audit: Failure) require?
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Based on 49 CFR 385.321, a safety audit failure occurs due to either a lack of basic safety management controls (as described in Appendix A) or a failure to comply with specific regulations. According to 49 CFR 385.321, these failures will result in a notice to your new entrant business that your USDOT new entrant registration will be revoked.
Specifically, your new entrant safety audit will result in an automatic failure if you are found in violation of any of the following 16 regulations (note that most are triggered by a single occurrence, while two require a violation threshold of 51% or more of examined records):
1. § 382.115(a) or § 382.115(b) – Failing to implement an alcohol and/or controlled substances testing program (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 a required alcohol or controlled substances test (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) or § 383.23(a) – Knowingly using a driver who does not possess a valid CDL (single occurrence).
7. § 383.37(b) – Knowingly allowing, requiring, permitting, or authorizing an employee to operate a commercial motor vehicle (CMV) with a CLP or CDL that is disqualified by a State, has lost the right to operate, or whose holder is disqualified (single occurrence).
8. § 383.51(a) – Knowingly allowing, requiring, permitting, or authorizing a disqualified driver to drive a CMV (single occurrence).
9. § 387.7(a) – Operating a motor vehicle without the required minimum levels of financial responsibility coverage in effect (single occurrence).
10. § 387.31(a) – Operating a passenger-carrying vehicle without the required minimum levels of financial responsibility in effect (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).
13. § 395.8(a) – Failing to require a driver to make a record of duty status (triggers automatic failure if violated in 51% or more of examined records).
14. § 396.9(c)(2) – Requiring or permitting the operation of a CMV declared "out-of-service" before repairs are made (single occurrence).
15. § 396.11(a)(3) – Failing to correct out-of-service defects listed by a driver in a driver vehicle inspection report before operating the vehicle (single occurrence).
16. § 396.17(a) – Using a CMV that has not been periodically inspected (triggers automatic failure if violated in **51% or