Title 49 CFR § 385.3
Safety Management Controls
Federal regulations governing motor carrier safety fitness and compliance requirements for interstate commerce operations
Regulatory Requirement: Per 49 CFR § 385.3 and 49 CFR § 385.7, all companies engaged in interstate commerce must have in place a series of Safety Management Controls, which are the systems, policies, programs, practices, and procedures used by a motor carrier to ensure compliance with applicable safety regulations.
What Are Safety Management Controls?
Safety management controls are the systems, policies, programs, practices, and procedures used by a motor carrier to ensure compliance with applicable safety and hazardous materials regulations which ensure the safe movement of products and passengers through the transportation system, and to reduce the risk of highway accidents and hazardous materials incidents resulting in fatalities, injuries, and property damage.
Core Components
Effective safety management controls include:
- Written Safety Policies: Documented procedures and guidelines for safety-sensitive operations
- Driver Qualification Programs: Systems for hiring, training, and monitoring driver qualifications
- Vehicle Maintenance Programs: Scheduled maintenance and inspection procedures for all fleet vehicles
- Hours of Service Compliance: Systems to monitor and enforce driver hours of service regulations
- Drug and Alcohol Testing: Compliant testing programs for safety-sensitive employees
- Accident Prevention: Programs designed to identify and mitigate safety risks
- Record Keeping: Proper documentation and retention of all required safety records
Why Safety Management Controls Matter
Having a company safety policy is the first step in creating effective Safety Management Controls. However, if a safety policy is not enforced, it will serve no value to the company and will not assist in FMCSA Audits or Compliance Reviews.
The Impact of Enforcement
If a company can demonstrate actionable enforcement of its safety policies, this will assist the company as it seeks to improve its safety scores and/or its safety rating during:
- FMCSA Compliance Reviews
- Safety Audits
- New Entrant Safety Audits (within 18 months of operation)
- Roadside Inspections
- Safety Rating Determinations
FMCSA Safety Ratings
The FMCSA assigns safety ratings based on the adequacy of a motor carrier's safety management controls. Safety management controls are adequate if they are appropriate for the size and type of operation of the particular motor carrier.
Compliance Reviews and Safety Audits
Safety Audits
A safety audit is an examination of a motor carrier's operations to provide educational and technical assistance on safety and the operational requirements of the FMCSRs and applicable HMRs and to gather critical safety data needed to make an assessment of the carrier's safety performance and basic safety management controls. Safety audits do not result in safety ratings.
When Safety Audits Occur
- New Entrant Carriers: Within 12 months of receiving a DOT number for property carriers, or 120 days for passenger carriers
- Educational Purpose: To help carriers understand compliance requirements
- Data Collection: To assess basic safety management controls
Compliance Reviews
Compliance reviews are more comprehensive on-site examinations of motor carrier operations, records, and facilities to determine compliance with Federal Motor Carrier Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs). These reviews result in safety ratings.
What Gets Reviewed During Audits
FMCSA evaluates motor carriers on multiple regulatory factors to determine the adequacy of safety management controls:
Factor 1: General Requirements (Parts 387 & 390)
- Proof of financial responsibility (insurance)
- General applicability and definitions
Factor 2: Driver Requirements (Parts 382, 383 & 391)
- Drug and alcohol testing programs
- Commercial driver's license standards
- Driver qualification files
- Medical certification requirements
Factor 3: Operational Requirements (Parts 392 & 395)
- Driving of commercial motor vehicles
- Hours of service regulations
- Electronic logging device (ELD) compliance
Factor 4: Vehicle Requirements (Parts 393 & 396)
- Parts and accessories necessary for safe operation
- Inspection, repair, and maintenance
- Systematic vehicle inspection programs
Factor 5: Hazardous Materials (Parts 171, 177, 180 & 397)
- General information, regulations, and definitions
- Carriage by public highway
- Continuing qualification and maintenance of cargo tanks
- Transportation of hazardous materials; driving and parking rules
Factor 6: Accident History
- Recordable accident rate over the past 12 months
- Preventable vs. non-preventable accidents
Acute and Critical Violations
Acute Regulations
Violations of acute regulations directly and immediately affect safety. Noncompliance with acute regulations is quantitatively linked to inadequate safety management controls and usually higher than average accident rates. Examples include:
- Allowing a driver to operate without a valid CDL
- Using a driver with a disqualifying medical condition
- Failing to test for controlled substances
- Allowing intoxicated drivers to operate vehicles
Critical Regulations
Critical regulations are those identified where noncompliance relates to management and/or operational controls and are indicative of breakdowns in a carrier's management controls. Patterns of noncompliance (more than one violation) include:
- Exceeding hours of service limits
- Inadequate driver qualification files
- Incomplete vehicle maintenance records
- Missing or inadequate drug testing programs
Implementing Your Safety Policy
Employee Policy Options
Disciplinary Actions for Violations
Your safety policy should include customized disciplinary actions that will result from violations of the safety policy. Ensure that the actions chosen are those that you are willing to ENFORCE with company drivers, otherwise they will present no benefit to the company.
Safety Incentives
Companies that give bonuses to drivers for clean inspections give drivers a reason to be even more thorough during DVIRs (Driver Vehicle Inspection Reports). Clean inspections help improve safety scores, which benefits the company overall.
Enforcement is Essential
Critical Reminder: While having a safety policy on file is an important step toward safety compliance, it is the enforcement of the policy that may have an impact on safety scores should an FMCSA Audit or Compliance Review take place.
Get Your FMCSA-Compliant Safety Policy
Our Motor Carrier Safety Policy is updated for 2026 and includes all required safety management controls, templates, and implementation guidance.
Important Disclaimer
Federal Applications Processor Hoffenmer offers safety policy templates to companies as a resource for their Safety Management Controls. However, Federal Applications Processor Hoffenmer cannot and will not guarantee that this policy will be sufficient to cover all aspects of safety management, nor that this template will assist with a company's safety scores or safety rating.
A company using this policy is fully responsible for reading the contents of this policy and enforcing the guidelines as set forth. By accepting this safety policy, a company agrees to hold harmless Federal Applications Processor Hoffenmer, its subsidiaries and agents for any harm incurred by the acceptance of this policy, or its use or lack thereof.