[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: 49CFR385.105]



[Page 222-223]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 385_SAFETY FITNESS PROCEDURES--Table of Contents

 

    Subpart B_Safety Monitoring System for Mexico-Domiciled Carriers

 

Sec. 385.105  Expedited action.



    (a) A Mexico-domiciled motor carrier committing any of the following 

violations identified through roadside inspections, or by any other 

means, may be subjected to an expedited safety audit or compliance 

review, or may be required to submit a written response demonstrating 

corrective action:

    (1) Using drivers not possessing, or operating without, a valid 

Licencia Federal de Conductor. An invalid Licencia Federal de Conductor 

includes one that is falsified, revoked, expired, or missing a required 

endorsement.

    (2) Operating vehicles that have been placed out of service for 

violations of



[[Page 223]]



the Commercial Vehicle Safety Alliance (CVSA) North American Standard 

Out-of-Service Criteria, without making the required repairs.

    (3) Involvement in, due to carrier act or omission, a hazardous 

materials incident within the United States involving:

    (i) A highway route controlled quantity of a Class 7 (radioactive) 

material as defined in Sec. 173.403 of this title;

    (ii) Any quantity of a Class 1, Division 1.1, 1.2, or 1.3 explosive 

as defined in Sec. 173.50 of this title; or

    (iii) Any quantity of a poison inhalation hazard Zone A or B 

material as defined in Sec. Sec. 173.115, 173.132, or 173.133 of this 

title.

    (4) Involvement in, due to carrier act or omission, two or more 

hazardous material incidents occurring within the United States and 

involving any hazardous material not listed in paragraph (a)(3) of this 

section and defined in chapter I of this title.

    (5) Using a driver who tests positive for controlled substances or 

alcohol or who refuses to submit to required controlled substances or 

alcohol tests.

    (6) Operating within the United States a motor vehicle that is not 

insured as required by part 387 of this chapter.

    (7) Having a driver or vehicle out-of-service rate of 50 percent or 

more based upon at least three inspections occurring within a 

consecutive 90-day period.

    (b) Failure to respond to an agency demand for a written response 

demonstrating corrective action within 30 days will result in the 

suspension of the carrier's provisional operating authority or 

provisional Certificate of Registration until the required showing of 

corrective action is submitted to the FMCSA.

    (c) A satisfactory response to a written demand for corrective 

action does not excuse a carrier from the requirement that it undergo a 

safety audit or compliance review, as appropriate, during the 

provisional registration period.