[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: 49CFR385.109]



[Page 223-224]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 385_SAFETY FITNESS PROCEDURES--Table of Contents

 

    Subpart B_Safety Monitoring System for Mexico-Domiciled Carriers

 

Sec. 385.109  The compliance review.



    (a) The criteria used in a compliance review to determine whether a 

Mexico-domiciled carrier granted provisional operating authority under 

Sec. 365.507 of this subchapter exercises the necessary basic safety 

management controls are specified in Appendix B to this part.

    (b) Satisfactory Rating. If the FMCSA assigns a Mexico-domiciled 

carrier a Satisfactory rating following a compliance review conducted 

under this subpart, the FMCSA will provide the carrier written notice as 

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

the compliance review. The carrier's operating authority will remain in 

provisional status and its on-highway performance will continue to be 

closely monitored for the remainder of the 18-month provisional 

registration period.

    (c) Conditional Rating. If the FMCSA assigns a Mexico-domiciled 

carrier a



[[Page 224]]



Conditional rating following a compliance review conducted under this 

subpart, it will initiate a revocation proceeding in accordance with 

Sec. 385.111 of this subpart. The carrier's provisional operating 

authority will not be suspended prior to the conclusion of the 

revocation proceeding.

    (d) Unsatisfactory Rating. If the FMCSA assigns a Mexico-domiciled 

carrier an Unsatisfactory rating following a compliance review conducted 

under this subpart, it will initiate a suspension and revocation 

proceeding in accordance with Sec. 385.111 of this subpart.