What does the new entrant safety assurance program require under 49 CFR Part 385?

Short answer

The new entrant safety assurance program under 49 CFR Part 385 requires new entrants to undergo safety monitoring procedures for 18 months, including a safety audit, and to demonstrate adequate safety management controls.

The rule says

"After a new entrant satisfies all applicable pre-operational requirements, it will be subject to the new entrant safety monitoring procedures for a period of 18 months." (49 CFR 385.307)

"The new entrant's roadside safety performance will be closely monitored to ensure the new entrant has basic safety management controls that are operating effectively." (49 CFR 385.307(a))

"A safety audit will be conducted on the new entrant, once it has been in operation for enough time to have sufficient records to allow the agency to evaluate the adequacy of its basic safety management controls." (49 CFR 385.307(b))

In plain English

This includes monitoring their roadside safety performance and conducting a safety audit to evaluate their controls. The program is in place for 18 months, during which time the carrier must demonstrate compliance with safety regulations. If a carrier fails to comply, they may be subject to expedited actions to correct deficiencies.

What to do

• Register with FMCSA and receive a USDOT Number before beginning interstate operations
• Complete the application package online, including educational and technical assistance material
• Ensure all records and documents required for the safety audit are available for inspection
• Demonstrate adequate safety management controls during the 18-month monitoring period