[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: 49CFR385.107]



[Page 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. 385.107  The safety audit.



    (a) The criteria used in a safety audit to determine whether a 

Mexico-domiciled carrier exercises the necessary basic safety management 

controls are specified in Appendix A to this part.

    (b) If the FMCSA determines, based on the safety audit, that the 

Mexico-domiciled carrier has adequate basic safety management controls, 

the FMCSA will provide the carrier written notice of this finding as 

soon as practicable, but not later than 45 days after the completion of 

the safety audit. The carrier's Certificate of Registration will remain 

provisional and the carrier's on-highway performance will continue to be 

closely monitored for the remainder of the 18-month provisional 

registration period.

    (c) If the FMCSA determines, based on the safety audit, that the 

Mexico-domiciled carrier's basic safety management controls are 

inadequate, it will initiate a suspension and revocation proceeding in 

accordance with Sec. 385.111 of this subpart.

    (d) The safety audit is also used to assess the basic safety 

management controls of Mexico-domiciled applicants for provisional 

operating authority to operate beyond United States municipalities and 

commercial zones on the United States-Mexico border under Sec. 365.507 

of this subchapter.