[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: 49CFR385.319]



[Page 228]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 385_SAFETY FITNESS PROCEDURES--Table of Contents

 

             Subpart D_New Entrant Safety Assurance Program

 

Sec. 385.319  What happens after the completion of the safety audit?



    (a) Upon the completion of the safety audit, the auditor will review 

the findings with the new entrant.

    (b) If the FMCSA determines that the safety audit discloses that the 

new entrant has adequate basic safety management controls, the FMCSA 

will provide the new entrant written notice as soon as practicable, but 

not later than 45 days after the completion of the safety audit, that it 

has adequate basic safety management controls. The new entrant's safety 

performance will continue to be closely monitored for the remainder of 

the 18-month period of new entrant registration.

    (c) If the FMCSA determines that the findings of the safety audit 

disclose that the new entrant's basic safety management controls are 

inadequate, it will provide the new entrant written notice, as soon as 

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

safety audit, that its USDOT new entrant registration will be revoked 

and its operations placed out-of-service unless it takes the actions 

specified in the notice to remedy its safety management practices 

within:

    (1) 45 days of the date of the notice if the new entrant transports 

passengers in a CMV designed or used to transport 16 or more passengers, 

including the driver, or transports hazardous materials requiring 

placarding; or

    (2) 60 days of the date of the notice for all other new entrants.