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67 FR 31983, May 13, 2002, unless otherwise noted. (a) Before a motor carrier of property or passengers begins interstate operations, it must register with the FMCSA and receive a USDOT number. In addition, for-hire motor carriers must obtain operating authority from FMCSA following the registration procedures described in 49 CFR part 365, unless providing transportation exempt from 49 CFR part 365 registration requirements. (b) This subpart applies to motor carriers domiciled in the United States and Canada. (c) A Mexico-domiciled motor carrier of property or passengers must register with the FMCSA by following the registration procedures described in 49 CFR part 365 or 368, as appropriate. The regulations in this subpart do not apply to Mexico-domiciled carriers. § 385.303 How does a motor carrier register with the FMCSA?A motor carrier may contact the FMCSA by internet ( www.fmcsa.dot.gov ); or Washington, DC headquarters by mail at, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590–0001; fax (703) 280–4003; or telephone 1–800–832–5660, and request the application materials for a new entrant motor carrier. [67 FR 31983, May 13, 2002, as amended at 72 FR 55701, Oct. 1, 2007] § 385.305 What happens after the FMCSA receives a request for new entrant registration?Link to an amendment published at 73 FR 76488, Dec. 16, 2008. (a) The requester for new entrant registration will be directed to the FMCSA Internet website ( www.fmcsa.dot.gov ) to secure and/or complete the application package online. (b) The application package will contain the following: (1) Educational and technical assistance material regarding the requirements of the FMCSRs and HMRs, if applicable. (2) The Form MCS–150, The Motor Carrier Identification Report. (3) The Form MCS–150A, The Safety Certification for Applications for U.S. DOT Number. (4) Application forms to obtain operating authority under 49 CFR 365, as appropriate. (c) Upon completion of the application forms, the new entrant will be issued a USDOT number. (d) For-hire motor carriers, unless providing transportation exempt from 49 CFR part 365 registration requirements, must also comply with the procedures established in 49 CFR part 365 to obtain operating authority before operating in interstate commerce. § 385.306 xxxLink to an amendment published at 73 FR 76488, Dec. 16, 2008. § 385.307 What happens after a motor carrier begins operations as a new entrant?Link to an amendment published at 73 FR 76488, Dec. 16, 2008. After a new entrant satisfies all applicable pre-operational requirements, it will be subject to the new entrant safety monitoring procedures for a period of 18 months. During this 18-month period: (a) The new entrant's roadside safety performance will be closely monitored to ensure the new entrant has basic safety management controls that are operating effectively. An accident rate or driver or vehicle violation rate that is higher than the industry average for similar motor carrier operations may cause the FMCSA to conduct an expedited safety audit or compliance review at any time. (b) A safety audit will be conducted on the new entrant, once it has been in operation for enough time to have sufficient records to allow the agency to evaluate the adequacy of its basic safety management controls. This period will generally be at least 3 months. (c) All records and documents required for the safety audit shall be made available for inspection upon request by an individual certified under FMCSA regulations to perform safety audits. § 385.308 xxxLink to an amendment published at 73 FR 76488, Dec. 16, 2008. § 385.309 What is the purpose of the safety audit?The purpose of a safety audit is to: (a) Provide educational and technical assistance to the new entrant; and (b) Gather safety data needed to make an assessment of the new entrant's safety performance and adequacy of its basic safety management controls. § 385.311 What will the safety audit consist of?The safety audit will consist of a review of the new entrant's safety management systems and a sample of required records to assess compliance with the FMCSRs, applicable HMRs and related record-keeping requirements as specified in appendix A of this part. The areas for review include, but are not limited to, the following: (a) Driver qualification; (b) Driver duty status; (c) Vehicle maintenance; (d) Accident register; and (e) Controlled substances and alcohol use and testing requirements. § 385.313 Who will conduct the safety audit?An individual certified under the FMCSA regulations to perform safety audits will conduct the safety audit. § 385.315 Where will the safety audit be conducted?The safety audit will generally be conducted at the new entrant's business premises. § 385.317 Will a safety audit result in a safety fitness determination by the FMCSA?A safety audit will not result in a safety fitness determination. Safety fitness determinations follow completion of a compliance review. § 385.319 What happens after the completion of the safety audit?Link to an amendment published at 73 FR 76489, Dec. 16, 2008. (a) Upon the completion of the safety audit, the auditor will review the findings with the new entrant. (b) If the FMCSA determines that the safety audit discloses that the new entrant has adequate basic safety management controls, the FMCSA will provide the new entrant written notice as soon as practicable, but not later than 45 days after the completion of the safety audit, that it has adequate basic safety management controls. The new entrant's safety performance will continue to be closely monitored for the remainder of the 18-month period of new entrant registration. (c) If the FMCSA determines that the findings of the safety audit disclose that the new entrant's basic safety management controls are inadequate, it will provide the new entrant written notice, as soon as practicable, but not later than 45 days after the completion of the safety audit, that its USDOT new entrant registration will be revoked and its operations placed out-of-service unless it takes the actions specified in the notice to remedy its safety management practices within: (1) 45 days of the date of the notice if the new entrant transports passengers in a CMV designed or used to transport 16 or more passengers, including the driver, or transports hazardous materials requiring placarding; or (2) 60 days of the date of the notice for all other new entrants. § 385.321 What failures of safety management practices disclosed by the safety audit will result in a notice to a new entrant that its DOT new entrant registration will be revoked?Link to an amendment published at 73 FR 76489, Dec. 16, 2008. The failures of safety management practices consist of a lack of basic safety management controls as described in appendix A of this part and will result in a notice to a new entrant that its DOT new entrant registration will be revoked. § 385.323 May the FMCSA extend the period under §385.319(c) for a new entrant to take corrective action to remedy its safety management practices?Link to an amendment published at 73 FR 76490, Dec. 16, 2008. (a) If a new entrant that transports passengers in a CMV designed or used to transport 16 or more passengers, including the driver, or transports hazardous materials in quantities requiring placarding, has submitted evidence that corrective actions have been taken pursuant to §385.319(c) and the FMCSA cannot make a determination regarding the adequacy of the corrective actions within the 45 day period, the period may be extended for up to 10 days at the discretion of the FMCSA. (b) The FMCSA may extend the 60-day period in §385.319(c)(2), for up to an additional 60 days provided FMCSA determines that the new entrant is making a good faith effort 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?Link to an amendment published at 73 FR 76490, Dec. 16, 2008. (a) If the new entrant provides evidence of corrective action acceptable to the FMCSA within the time period provided in §385.319(c), including any extension of that period authorized under §385.323, the FMCSA will provide written notification to the new entrant that its DOT new entrant registration will not be revoked and it may continue operations. (b) If a new entrant, after being notified that it is required to take corrective action to improve its safety management practices, fails to submit a written response demonstrating corrective action acceptable to FMCSA within the time specified in §385.319(c), including any extension of that period authorized under §385.323, the FMCSA will revoke its new entrant registration and issue an out-of-service order effective on: (1) Day 46 from the date of notification if the new entrant transports passengers in a CMV designed to transport 16 or more passengers, including the driver, or transports hazardous materials in quantities requiring placarding; or (2) Day 61 from the date of notification for all other new entrants; or (3) If an extension has been granted under §385.323, the day following the expiration of the extension date. (c) The new entrant may not operate in interstate commerce on or after the effective date of the out-of-service order. § 385.327 What happens when a new entrant receives a notice under §385.319(c) that its new entrant registration will be revoked and it believes the FMCSA made an error in its determination?Link to an amendment published at 73 FR 76490, Dec. 16, 2008. (a) If a new entrant receives a revocation notice, it may request the FMCSA to conduct an administrative review if it believes the FMCSA has committed an error in determining that its basic safety management controls were inadequate. (1) The request must be made to the Field Administrator of the appropriate FMCSA Service Center. (2) The request must explain the error the new entrant believes the FMCSA committed in its determination. (3) The request must include a list of all factual and procedural issues in dispute, and any information or documents that support the new entrant's argument. (b) The new entrant should submit its request no later than 15 days from the date of the notice of the inadequacy of its basic safety management controls. Submitting the request within 15 days will allow the FMCSA to issue a written decision before the prohibitions outlined in §385.319(c) take effect. Failure to petition within this 15-day period may prevent the FMCSA from issuing a final decision before the prohibitions take effect. (c) The FMCSA may request that the new entrant submit additional data and attend a conference to discuss the issue(s) in dispute. If the new entrant does not attend the conference, or does not submit the requested data, the FMCSA may dismiss the new entrant's request for review. (d) The FMCSA will complete its review and notify the new entrant in writing of its decision within 30 days after receiving a request for review from a hazardous materials or passenger new entrant and within 45 days from any other new entrant. (e) A new entrant must make a request for an administrative review within: (1) 90 days of the date when it was initially notified under §385.319(c) that its basic safety management controls were inadequate; or (2) 90 days after it was notified that its corrective action under §385.319(c) was insufficient and its basic safety management controls remain inadequate. (f) The Field Administrator's decision constitutes the final agency action. (g) Notwithstanding this subpart, a new entrant is subject to the suspension and revocation provisions of 49 U.S.C. 13905 for violations of DOT regulations governing motor carrier operations. § 385.329 May a new entrant that has had its U.S. DOT registration revoked and its operations placed out of service (OOS) reapply?Link to an amendment published at 73 FR 76490, Dec. 16, 2008. (a) A new entrant whose U.S. DOT registration has been revoked and whose operations have been placed OOS by the FMCSA may reapply under §385.301 no sooner than 30 days after the date of revocation. (b) The motor carrier will be required to initiate the process from the beginning, and will be required to demonstrate that it has corrected the deficiencies that resulted in revocation of its registration and otherwise will ensure that it will have adequate basic safety management controls. § 385.331 What happens if a new entrant operates a CMV after having been issued an order placing its interstate operations out of service (OOS)?Link to an amendment published at 73 FR 76491, Dec. 16, 2008. If a new entrant operates a CMV in violation of an out-of-service (OOS) order and §385.325(b), it is subject to the penalty provisions in 49 U.S.C. 521(b)(2)(A), not to exceed $10,000 for each offense. § 385.333 What happens at the end of the 18-month safety monitoring period?(a) If a safety audit has been performed within the 18-month period, and the new entrant is not currently subject to an order placing its operations out-of-service under §385.325(b) or under a notice ordering it to take specified actions to remedy its safety management controls under §385.319(c), the FMCSA will remove the new entrant designation and notify the new entrant in writing that its registration has become permanent. Thereafter, the FMCSA will evaluate the motor carrier on the same basis as any other carrier. (b) If a new entrant is determined to be “unfit” after a compliance review its new entrant registration will be revoked. (See §385.13) (c) A new entrant that has reached the conclusion of the 18-month period but is under an order to correct its safety management practices under §385.319(c) will have its new entrant registration removed following FMCSA's determination that the specified actions have been taken to remedy its safety management practices. The motor carrier will be notified in writing that its new entrant designation is removed and that its registration has become permanent. Thereafter, the FMCSA will evaluate the motor carrier on the same basis as any other carrier. (d) If a safety audit or compliance review has not been performed by the end of the 18-month monitoring period through no fault of the motor carrier, the carrier will be permitted to continue operating as a new entrant until a safety audit or compliance review is performed and a final determination is made regarding the adequacy of its safety management controls. Based on the results of the safety audit or compliance review, the FMCSA will either: (1) Remove the new entrant designation and notify the new entrant in writing that its registration has become permanent; or (2) Revoke the new entrant registration in accordance with §385.319(c). § 385.335 If the FMCSA conducts a compliance review on a new entrant, will the new entrant also be subject to a safety audit?If the FMCSA conducts a compliance review on a new entrant that has not previously been subject to a safety audit and issues a safety fitness determination, the new entrant will not have to undergo a safety audit under this subpart. However, the new entrant will continue to be subject to the 18-month safety-monitoring period prior to removal of the new entrant designation. § 385.337 What happens if a new entrant refuses to permit a safety audit to be performed on its operations?Link to an amendment published at 73 FR 76491, Dec. 16, 2008. (a) If a new entrant refuses to permit a safety audit to be performed on its operations, the FMCSA will provide the carrier with written notice that its registration will be revoked and its operations placed out of service unless the new entrant agrees in writing, within 10 days from the service date of the notice, to permit the safety audit to be performed. The initial refusal to permit a safety audit to be performed may subject the new entrant to the penalty provisions in 49 U.S.C. 521(b)(2)(A). (b) If the new entrant does not agree to undergo a safety audit as specified in paragraph (a) of this section, its registration will be revoked and its interstate operations placed out of service effective on the 11th day from the service date of the notice issued under paragraph (a) of this section. Browse Previous | Browse Next
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