OOSC, Part IV, Item 3. Federal Out-of-Service Orders - New Entrant - Failure to Respond to Expedited Action Notification

In order to improve the effectiveness of the New Entrant Safety Assurance Program, FMCSA published a Final Rule on December 16, 2008, amending the New Entrant Safety Assurance Program regulations in order to raise the standard of compliance for passing the New Entrant safety audit. To maintain its New Entrant registration, a motor carrier must demonstrate sufficient compliance with applicable Federal Motor Carrier Safety Regulations and Hazardous Material Regulations. Sixteen regulations have been identified as essential elements of basic safety management controls necessary to operate in interstate commerce. A new entrant motor carrier?s failure to comply with any one of the 16 specified regulations results in an automatic failure of the safety audit. Additionally, if certain violations are discovered during a roadside inspection, a new entrant motor carrier now will be subject to expedited action to correct these deficiencies. If a New Entrant motor carrier commits any expedited action violation(s) and has not yet had a safety audit, compliance review or CSA 2010 comprehensive on-site intervention, FMCSA will schedule a safety audit as soon as practicable. If the motor carrier has previously had a safety audit or compliance review, FMCSA will provide the New Entrant motor carrier notice advising it to submit its corrective action plan within 30 days of the service date of the notice. Failure to respond within 30 days will result in the revocation of the New Entrant?s USDOT number registration and placing its operation out-of-service. With regards to the expedited action(s), the North American Standard Out-of-Service Criteria (OOSC) needs to include the Administrative out-of-service violation of Section 385.308(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.

Failing to include this violation in the OOSC would not allow enforcement personnel to place the motor vehicle out-of-service for violating 49 CFR Section 385.308(d).

In the OOSC, Federal Out-of-Service Orders Under Part IV, Item 3., the following needs to be added under the Description: ?New Entrant ? Failure to respond to Expedited Action Notification? and under Section: ?385.308(d)?