---
kind: "section"
citation: "49 C.F.R. § 385.308"
title: "49"
number: "385.308"
heading: "Expedited safety audits and compliance reviews of new entrants."
url: "https://uscodex.org/cfr/49/385.308"
---

# §385.308. Expedited safety audits and compliance reviews of new entrants.

- (a) A new entrant that commits any of the following actions, identified through roadside inspections or by any other means, may be subjected to an expedited safety audit or a compliance review or may be required to submit a written response demonstrating corrective action:
  - (1) Using a driver not possessing a valid commercial driver's license to operate a commercial motor vehicle as defined under [§ 383.5](/cfr/49/383.5.md) of this chapter. An invalid commercial driver's license includes one that is falsified, revoked, expired, or missing a required endorsement.
  - (2) Operating a vehicle placed out of service for violations of the Federal Motor Carrier Safety Regulations or compatible State laws and regulations without taking necessary corrective action.
  - (3) Being involved in, through action or omission, a hazardous materials reportable incident, as described under 49 CFR [171.15](/cfr/49/171.15.md) or [171.16](/cfr/49/171.16.md), involving—
    - (i) **A highway route controlled quantity of certain radioactive materials (Class 7).**
    - (ii) Any quantity of certain explosives (Class 1, Division 1.1, 1.2, or 1.3).
    - (iii) **Any quantity of certain poison inhalation hazard materials (Zone A or B).**
  - (4) Being involved in, through action or omission, two or more hazardous materials reportable incidents as described under 49 CFR [171.15](/cfr/49/171.15.md) or [171.16](/cfr/49/171.16.md), involving hazardous materials other than those listed above.
  - (5) Using a driver who tests positive for controlled substances or alcohol or who refuses to submit to required controlled substances or alcohol tests.
  - (6) Operating a commercial motor vehicle without the levels of financial responsibility required under [part 387](/cfr/49/part387.md) of this subchapter.
  - (7) Having a driver or vehicle out-of-service rate of 50 percent or more based upon at least three inspections occurring within a consecutive 90-day period.
- (b) If a new entrant that commits any of the actions listed in [paragraph (a)](#a) of this section:
  - (1) Has not had a safety audit or compliance review, FMCSA will schedule the new entrant for a safety audit as soon as practicable.
  - (2) Has had a safety audit or compliance review, FMCSA will send the new entrant a notice advising it to submit evidence of corrective action within 30 days of the service date of the notice.
- (c) FMCSA may schedule a compliance review of a new entrant that commits any of the actions listed in [paragraph (a)](#a) of this section at any time if it determines the violation warrants a thorough review of the new entrant's operation.
- (d) Failure to respond within 30 days of the notice to an Agency demand for a written response demonstrating corrective action will result in the revocation of the new entrant's registration.

## Notes

### Amendments

[73 FR 76488, Dec. 16, 2008, as amended at 80 FR 59457, Oct. 2, 2015]

### Source

Source: 67 FR 31983, May 13, 2002, unless otherwise noted.

### Authority

Authority: 49 U.S.C. 113, 504, 521(b), 5105(d), 5109, 5113, 13901-13905, 13908, 31135, 31136, 31144, 31148, 31151, 31502; sec. 113(a), Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 408, Pub. L. 104-88, 109 Stat. 803, 958; sec. 350, Pub. L. 107-87, 115 Stat. 833, 864; sec. 5205, Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR 1.87.

### Source

Source: 53 FR 50968, Dec. 19, 1988, unless otherwise noted.

### Amendments

[73 FR 76488, Dec. 16, 2008, as amended at 80 FR 59457, Oct. 2, 2015]