- § 365.101
Applications governed by these rules.
- § 365.103
- § 365.105
Starting the application process: Form OP-1.
- § 365.107
Types of applications.
- § 365.109
FMCSA review of the application.
- § 365.110
Need to complete New Entrant Safety Assurance Program.
- § 365.111
Appeals to rejections of the application.
- § 365.113
Changing the request for authority or filing supplementary evidence after the application is filed.
- § 365.115
After publication in the FMCSA Register.
- § 365.117
Obtaining a copy of the application.
- § 365.119
- § 365.121
Filing a reply statement.
- § 365.123
- § 365.201
- § 365.203
Time for filing.
- § 365.205
Contents of the protest.
- § 365.207
- § 365.301
- § 365.303
Contacting another party.
- § 365.305
Serving copies of pleadings.
- § 365.307
Replies to motions.
- § 365.309
- § 365.401
Scope of rules.
- § 365.403
- § 365.405
- § 365.407
- § 365.409
FMCSA action and criteria for approval.
- § 365.411
- § 365.413
Procedures for changing the name or business form of a motor carrier, freight forwarder, or property broker.
- § 365.501
Scope of rules.
- § 365.503
- § 365.505
Re-registration and fee waiver for certain applicants.
- § 365.507
FMCSA action on the application.
- § 365.509
Requirement to notify FMCSA of change in applicant information.
- § 365.511
Requirement for CVSA inspection of vehicles during first three consecutive years of permanent operating authority.
- Appendix A to Subpart E of Part 365
Explanation of Pre-Authorization Safety Audit Evaluation Criteria for Mexico-Domiciled Motor Carriers
RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY
§ 365.507: FMCSA action on the application.
(a) The FMCSA will review and act on each application submitted under this subpart in accordance with the procedures set out in this part.
(b) The FMCSA will validate the accuracy of information and certifications provided in the application by checking data maintained in databases of the governments of Mexico and the United States.
(c) Pre-authorization safety audit. Every Mexico-domiciled carrier that applies under this part must satisfactorily complete an FMCSA-administered safety audit before FMCSA will grant provisional operating authority to operate in the United States. The safety audit is a review by the FMCSA of the carrier's written procedures and records to validate the accuracy of information and certifications provided in the application and determine whether the carrier has established or exercises the basic safety management controls necessary to ensure safe operations. The FMCSA will evaluate the results of the safety audit using the criteria in Appendix A to this subpart.
(d) If a carrier successfully completes the pre-authorization safety audit and the FMCSA approves its application submitted under this subpart, FMCSA will publish a summary of the application as a preliminary grant of authority in the FMCSA Register to give notice to the public in case anyone wishes to oppose the application, as required in § 365.109(b) of this part.
(e) If the FMCSA grants provisional operating authority to the applicant, it will assign a distinctive USDOT Number that identifies the motor carrier as authorized to operate beyond the municipalities in the United States on the U.S.-Mexico international border and beyond the commercial zones of such municipalities. In order to operate in the United States, a Mexico-domiciled motor carrier with provisional operating authority must:
(1) Have its surety or insurance provider file proof of financial responsibility in the form of certificates of insurance, surety bonds, and endorsements, as required by § 387.301 of this subchapter;
(2) File a hard copy of, or have its process agent(s) electronically submit, Form BOC-3—Designation of Agents-Motor Carriers, Brokers and Freight Forwarders, as required by part 366 of this subchapter; and
(3) Comply with all provisions of the safety monitoring system in subpart B of part 385 of this subchapter, including successfully passing CVSA Level I inspections at least every 90 days and having decals affixed to each commercial motor vehicle operated in the United States as required by § 385.103(c) of this subchapter.
(f) The FMCSA may grant permanent operating authority to a Mexico-domiciled carrier no earlier than 18 months after the date that provisional operating authority is granted and only after successful completion to the satisfaction of the FMCSA of the safety monitoring system for Mexico-domiciled carriers set out in subpart B of part 385 of this subchapter. Successful completion includes obtaining a satisfactory safety rating as the result of a compliance review.Effective Date Note:
At 78 FR 52647, Aug. 23, 2013, § 365.507 was amended by revising paragraph (e)(2), effective Oct. 23, 2015. For the convenience of the user, the revised text is set forth as follows:
(e) * * *
(2) Electronically file, or have its process agent(s) electronically file, Form BOC-3—Designation of Agents—Motor Carriers, Brokers and Freight Forwarders, as required by part 366 of this subchapter; and
Although we make every effort to assure that the information we provide is complete and accurate, it is not intended to take the place of published agency regulations. Regulations issued by the U.S. Department of Transportation and its Operating Administrations are published in the Federal Register and compiled in the U.S. Code of Federal Regulations (CFR). Copies of appropriate volumes of the CFR in book format may be purchased from the Superintendent of Documents, U.S. Government Printing Office, or examined at many libraries.
The CFR may also be viewed online at http://ECFR.gpoaccess.gov.