- § 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
§ 365.409: FMCSA action and criteria for approval.
A transfer will be approved under this section if:
(a) The transaction is not subject to 49 U.S.C. 14303; and
(b) The transaction is consistent with the public interest; however,
(c) If the transferor or transferee has an “Unsatisfactory” safety fitness rating from DOT, the transfer may be denied. If an application is denied, the FMCSA will set forth the basis for its action in a decision or letter notice. If parties with “Unsatisfactory” safety fitness ratings consummate a transaction pursuant to the 10-day rule at § 365.405 of this part prior to the notification of FMCSA action, they do so at their own risk and subject to any conditions we may impose subsequently. Transactions that have been consummated but later are denied by the FMCSA are null and void and must be rescinded. Similarly, if applications contain false or misleading information, they are void ab initio.
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.