[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: 49CFR385.323]



[Page 228]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 385_SAFETY FITNESS PROCEDURES--Table of Contents

 

             Subpart D_New Entrant Safety Assurance Program

 

Sec. 385.323  May the FMCSA extend the period under Sec. 385.319(c) 

for a new entrant to take corrective action to remedy its safety 

management practices?



    (a) If a new entrant that transports passengers in a CMV designed or 

used to transport 16 or more passengers, including the driver, or 

transports hazardous materials in quantities requiring placarding, has 

submitted evidence that corrective actions have been taken pursuant to 

Sec. 385.319(c) and the FMCSA cannot make a determination regarding the 

adequacy of the corrective actions within the 45 day period, the period 

may be extended for up to 10 days at the discretion of the FMCSA.

    (b) The FMCSA may extend the 60-day period in Sec. 385.319(c)(2), 

for up to an additional 60 days provided FMCSA determines that the new 

entrant is making a good faith effort to remedy its safety management 

practices.