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  • § 385.1
    Purpose and scope.
  • § 385.3
    Definitions and acronyms.
  • § 385.4
    Matter incorporated by reference.
  • § 385.5
    Safety fitness standard.
  • § 385.7
    Factors to be considered in determining a safety rating.
  • § 385.9
    Determination of a safety rating.
  • § 385.11
    Notification of safety fitness determination.
  • § 385.13
    Unsatisfactory rated motor carriers; prohibition on transportation; ineligibility for Federal contracts.
  • § 385.14
    Motor carriers, brokers, and freight forwarders delinquent in paying civil penalties: prohibition on transportation.
  • § 385.15
    Administrative review.
  • § 385.17
    Change to safety rating based upon corrective actions.
  • § 385.19
    Safety fitness information.
  • § 385.101
    Definitions
  • § 385.103
    Safety monitoring system.
  • § 385.105
    Expedited action.
  • § 385.107
    The safety audit.
  • § 385.109
    The compliance review.
  • § 385.111
    Suspension and revocation of Mexico-domiciled carrier registration.
  • § 385.113
    Administrative review.
  • § 385.115
    Reapplying for provisional registration.
  • § 385.117
    Duration of safety monitoring system.
  • § 385.119
    Applicability of safety fitness and enforcement procedures.
  • § 385.201
    Who is qualified to perform a review of a motor carrier or an intermodal equipment provider?
  • § 385.203
    What are the requirements to obtain and maintain certification?
  • § 385.205
    How can a person who has lost his or her certification be re-certified?
  • § 385.301
    What is a motor carrier required to do before beginning interstate operations?
  • § 385.303
    How does a motor carrier register with the FMCSA?
  • § 385.305
    What happens after the FMCSA receives a request for new entrant registration?
  • § 385.306
    What are the consequences of furnishing misleading information or making a false statement in connection with the registration process?
  • § 385.307
    What happens after a motor carrier begins operations as a new entrant?
  • § 385.308
    What may cause an expedited action?
  • § 385.309
    What is the purpose of the safety audit?
  • § 385.311
    What will the safety audit consist of?
  • § 385.313
    Who will conduct the safety audit?
  • § 385.315
    Where will the safety audit be conducted?
  • § 385.317
    Will a safety audit result in a safety fitness determination by the FMCSA?
  • § 385.319
    What happens after completion of the safety audit?
  • § 385.321
    What failures of safety management practices disclosed by the safety audit will result in a notice to a new entrant that its USDOT new entrant registration will be revoked?
  • § 385.323
    May FMCSA extend the period under § 385.319(c) for a new entrant to take corrective action to remedy its safety management practices?
  • § 385.325
    What happens after a new entrant has been notified under § 385.319(c) to take corrective action to remedy its safety management practices?
  • § 385.327
    May a new entrant request an administrative review of a determination of a failed safety audit?
  • § 385.329
    May a new entrant that has had its USDOT new entrant registration revoked and its operations placed out of service reapply?
  • § 385.331
    What happens if a new entrant operates a CMV after having been issued an order placing its interstate operations out of service?
  • § 385.333
    What happens at the end of the 18-month safety monitoring period?
  • § 385.335
    If the FMCSA conducts a compliance review on a new entrant, will the new entrant also be subject to a safety audit?
  • § 385.337
    What happens if a new entrant refuses to permit a safety audit to be performed on its operations?
  • § 385.401
    What is the purpose and scope of this subpart?
  • § 385.402
    What definitions are used in this subpart?
  • § 385.403
    Who must hold a safety permit?
  • § 385.405
    How does a motor carrier apply for a safety permit?
  • § 385.407
    What conditions must a motor carrier satisfy for FMCSA to issue a safety permit?
  • § 385.409
    When may a temporary safety permit be issued to a motor carrier?
  • § 385.411
    Must a motor carrier obtain a safety permit if it has a State permit?
  • § 385.413
    What happens if a motor carrier receives a proposed safety rating that is less than Satisfactory?
  • § 385.415
    What operational requirements apply to the transportation of a hazardous material for which a permit is required?
  • § 385.417
    Is a motor carrier's safety permit number available to others?
  • § 385.419
    How long is a safety permit effective?
  • § 385.421
    Under what circumstances will a safety permit be subject to revocation or suspension by FMCSA?
  • § 385.423
    Does a motor carrier have a right to an administrative review of a denial, suspension, or revocation of a safety permit?
  • § 385.501
    Roadability review.
  • § 385.503
    Results of roadability review.
  • § 385.601
    Scope of rules.
  • § 385.603
    Application.
  • § 385.605
    New entrant registration driver's license and drug and alcohol testing requirements.
  • § 385.607
    FMCSA action on the application.
  • § 385.609
    Requirement to notify FMCSA of change in applicant information.
  • § 385.701
    Definitions.
  • § 385.703
    Safety monitoring system.
  • § 385.705
    Expedited action.
  • § 385.707
    The compliance review.
  • § 385.709
    Suspension and revocation of non-North America-domiciled carrier registration.
  • § 385.711
    Administrative review.
  • § 385.713
    Reapplying for new entrant registration.
  • § 385.715
    Duration of safety monitoring system.
  • § 385.717
    Applicability of safety fitness and enforcement procedures.
  • § 385.901
    Applicability.
  • § 385.903
    Definitions.
  • § 385.905
    Suspension or revocation of registration.
  • § 385.907
    Regulatory noncompliance.
  • § 385.909
    Pattern or practice.
  • § 385.911
    Suspension proceedings.
  • § 385.913
    Revocation proceedings.
  • § 385.915
    Petitions for rescission.
  • § 385.917
    Other orders unaffected; not exclusive remedy.
  • § 385.919
    Penalties.
  • § 385.921
    Service and computation of time.
  • § 385.1001
    Applicability.
  • § 385.1003
    Definitions.
  • § 385.1005
    Prohibition.
  • § 385.1007
    Determination of violation.
  • § 385.1009
    Suspension proceedings.
  • § 385.1011
    Revocation proceedings.
  • § 385.1013
    Petitions for rescission.
  • § 385.1015
    Other orders unaffected; not exclusive remedy.
  • § 385.1017
    Penalties.
  • § 385.1019
    Service and computation of time.
  • Appendix A to Part 385
    Explanation of Safety Audit Evaluation Criteria
  • Appendix B to Part 385
    Explanation of Safety Rating Process

Part 385
SAFETY FITNESS PROCEDURES

§ 385.709: Suspension and revocation of non-North America-domiciled carrier registration.

(a) If a carrier is assigned an “Unsatisfactory” safety rating following a compliance review conducted under this subpart, FMCSA will provide the carrier written notice, as soon as practicable, that its registration will be suspended effective 15 days from the service date of the notice unless the carrier demonstrates, within 10 days of the service date of the notice, that the compliance review contains material error.
(b) For purposes of this section, material error is a mistake or series of mistakes that resulted in an erroneous safety rating.
(c) If the carrier demonstrates that the compliance review contained material error, its new entrant registration will not be suspended. If the carrier fails to show a material error in the compliance review, FMCSA will issue an Order:
(1) Suspending the carrier's new entrant registration and requiring it to immediately cease all further operations in the United States; and
(2) Notifying the carrier that its new entrant registration will be revoked unless it presents evidence of necessary corrective action within 30 days from the service date of the Order.
(d) If a carrier is assigned a “Conditional” rating following a compliance review conducted under this subpart, the provisions of paragraphs (a) through (c) of this section will apply, except that its new entrant registration will not be suspended under paragraph (c)(1) of this section.
(e) If a carrier subject to this subpart fails to provide the necessary documents for a compliance review upon reasonable request, or fails to submit evidence of the necessary corrective action as required by § 385.705 of this subpart, FMCSA will provide the carrier with written notice, as soon as practicable, that its new entrant registration will be suspended 15 days from the service date of the notice unless it provides all necessary documents or information. This suspension will remain in effect until the necessary documents or information is produced and:
(1) The carrier is rated Satisfactory after a compliance review; or
(2) FMCSA determines, following review of the carrier's response to a demand for corrective action under § 385.705, that the carrier has taken the necessary corrective action.
(f) If a carrier commits any of the actions specified in § 385.705(a) of this subpart after the removal of a suspension issued under this section, the suspension will be automatically reinstated. FMCSA will issue an Order requiring the carrier to cease further operations in the United States and demonstrate, within 15 days from the service date of the Order, that it did not commit the alleged action(s). If the carrier fails to demonstrate that it did not commit the action(s), FMCSA will issue an Order revoking its new entrant registration.
(g) If FMCSA receives credible evidence that a carrier has operated in violation of a suspension order issued under this section, it will issue an Order requiring the carrier to show cause, within 10 days of the service date of the Order, why its new entrant registration should not be revoked. If the carrier fails to make the necessary showing, FMCSA will revoke its registration.
(h) If a non-North America-domiciled motor carrier operates a commercial motor vehicle in violation of a suspension or out-of-service order, it is subject to the penalty provisions in 49 U.S.C. 521(b)(2)(A), as adjusted by inflation, not to exceed amounts for each offense under part 386, Appendix B of this subchapter.
(i) Notwithstanding any provision of this subpart, a carrier subject to this subpart is also subject to the suspension and revocation provisions of 49 U.S.C. 13905 for repeated violations of DOT regulations governing its motor carrier operations.


Disclaimer:

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.