[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR365.507]



[Page 48]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 365_RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY--Table 

of Contents

 

      Subpart E_Special Rules for Certain Mexico-domiciled Carriers

 

Sec. 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 Sec. 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 Sec. 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 Sec. 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.



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