[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: 49CFR385.111]



[Page 224-225]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 385_SAFETY FITNESS PROCEDURES--Table of Contents

 

    Subpart B_Safety Monitoring System for Mexico-Domiciled Carriers

 

Sec. 385.111  Suspension and revocation of Mexico-domiciled carrier 

registration.



    (a) If a carrier is assigned an ``Unsatisfactory'' safety rating 

following a compliance review conducted under this subpart, or a safety 

audit conducted under this subpart determines that a carrier does not 

exercise the basic safety management controls necessary to ensure safe 

operations, the FMCSA will provide the carrier written notice, as soon 

as practicable, that its registration will be suspended effective 15 

days from the service date of the notice unless the carrier 

demonstrates, within 10 days of the service date of the notice, that the 

compliance review or safety audit contains material error.

    (b) For purposes of this section, material error is a mistake or 

series of mistakes that resulted in an erroneous safety rating or an 

erroneous determination that the carrier does not exercise the necessary 

basic safety management controls.

    (c) If the carrier demonstrates that the compliance review or safety 

audit contained material error, its registration will not be suspended. 

If the carrier fails to show a material error in the safety audit, the 

FMCSA will issue an Order:

    (1) Suspending the carrier's provisional operating authority or 

provisional Certificate of Registration and requiring it to immediately 

cease all further operations in the United States; and

    (2) Notifying the carrier that its provisional operating authority 

or provisional Certificate of Registration will be revoked unless it 

presents evidence of necessary corrective action within 30 days from the 

service date of the Order.

    (d) If a carrier is assigned a ``Conditional'' rating following a 

compliance review conducted under this subpart, the provisions of 

subparagraphs (a) through (c) of this section will apply, except that 

its provisional registration will not be suspended under paragraph 

(c)(1) of this section.

    (e) If a carrier subject to this subpart fails to provide the 

necessary documents for a safety audit or compliance review upon 

reasonable request, or fails to submit evidence of the necessary 

corrective action as required by Sec. 385.105 of this subpart, the 

FMCSA will provide the carrier with written notice, as soon as 

practicable, that its registration will be suspended 15 days from the 

service date of the notice unless it provides all necessary documents or 

information. This suspension will remain in effect until the necessary 

documents or information are produced and:

    (1) A safety audit determines that the carrier exercises basic 

safety management controls necessary for safe operations;

    (2) The carrier is rated Satisfactory or Conditional after a 

compliance review; or

    (3) The FMCSA determines, following review of the carrier's response 

to a demand for corrective action under Sec. 385.105, that the carrier 

has taken the necessary corrective action.

    (f) If a carrier commits any of the violations specified in Sec. 

385.105(a) of this subpart after the removal of a suspension issued 

under this section, the suspension will be automatically reinstated. The 

FMCSA will issue an Order requiring the carrier to cease further 

operations in the United States and demonstrate, within 15 days from the 

service date of the Order, that it did not commit the alleged 

violation(s). If the carrier fails to demonstrate that it did not commit 

the violation(s), the FMCSA will issue an Order revoking its provisional 

operating authority or provisional Certificate of Registration.

    (g) If the FMCSA receives credible evidence that a carrier has 

operated in violation of a suspension order issued under this section, 

it will issue an



[[Page 225]]



Order requiring the carrier to show cause, within 10 days of the service 

date of the Order, why its provisional operating authority or 

provisional Certificate of Registration should not be revoked. If the 

carrier fails to make the necessary showing, the FMCSA will revoke its 

registration.

    (h) If a Mexico-domiciled motor carrier operates a commercial motor 

vehicle in violation of a suspension or out-of-service order, it is 

subject to the penalty provisions in 49 U.S.C. 521(b)(2)(A), not to 

exceed $10,000 for each offense.

    (i) Notwithstanding any provision of this subpart, a carrier subject 

to this subpart is also subject to the suspension and revocation 

provisions of 49 U.S.C. 13905 for repeated violations of DOT regulations 

governing its motor carrier operations.