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Dec 17, 2009

REGULATIONS * USA - New motor carriers now facing tougher scrutiny

A new regulation targeting new motor carriers applying for operating authority with the Federal Motor Carrier Safety Administration officially went into effect today, Dec. 16.

Washington,DC,USA -Land Line Magazine, by Jami Jones -December 16, 2009: -- New motor carriers applying for operating authority with the Federal Motor Carrier Safety Administration had better make sure they have their i’s dotted and t’s crossed – and be telling the truth... The rule outlined the so-called 16 deadly sins that could result in a new motor carrier losing their authority right from the get-go... Now that the reg is officially in effect, truckers and trucking companies will have their authority yanked if they are found to have violated one of 16 different safety regulations during the new entrant safety audit. If one of the violations is found during a roadside inspection, that can trigger an “expedited action,” which is a safety audit or compliance review... The key safety regulations, quickly dubbed the 16 deadly sins by industry insiders, are:

* Failing to implement an alcohol and/or controlled substances testing program.
* Using a driver known to have an alcohol content of 0.04 or greater to perform a safety-sensitive function.
* Using a driver who has refused to submit to an alcohol or controlled substances test required under Part 382.
* Using a driver known to have tested positive for a controlled substance.
* Failing to implement a random controlled substances and/or alcohol testing program.
* Knowingly using a driver who does not possess a valid CDL.
* Knowingly allowing, requiring, permitting, or authorizing an employee with a commercial driver’s license which is suspended, revoked, or canceled by a state or who is disqualified to operate a commercial motor vehicle.
* Knowingly allowing, requiring, permitting, or authorizing a driver to drive who is disqualified to drive a commercial motor vehicle.
* Operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage.
* Operating a passenger carrying vehicle without having in effect the required minimum levels of financial responsibility.
* Knowingly using a disqualified driver.
* Knowingly using a physically unqualified driver.
* Failing to require a driver to make a record of duty status.
* Requiring or permitting the operation of a commercial motor vehicle declared ‘‘out-of-service’’ before repairs are made.
* Failing to correct out-of-service defects listed by driver in a driver vehicle inspection report before the vehicle is operated again.
* Using a commercial motor vehicle not periodically inspected.

Most of the violations are a “one strike and you’re out” scenario...

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