[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: 49CFR385.325]



[Page 228-229]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 385_SAFETY FITNESS PROCEDURES--Table of Contents

 

             Subpart D_New Entrant Safety Assurance Program

 

Sec. 385.325  What happens after a new entrant has been notified under 

Sec. 385.319(c) to take corrective action to remedy its safety management 

practices?



    (a) If the new entrant provides evidence of corrective action 

acceptable to the FMCSA within the time period provided in Sec. 

385.319(c), including any extension of that period authorized under 

Sec. 385.323, the FMCSA will provide written notification to the new 

entrant that its DOT new entrant registration will not be revoked and it 

may continue operations.

    (b) If a new entrant, after being notified that it is required to 

take corrective action to improve its safety management practices, fails 

to submit a



[[Page 229]]



written response demonstrating corrective action acceptable to FMCSA 

within the time specified in Sec. 385.319(c), including any extension 

of that period authorized under Sec. 385.323, the FMCSA will revoke its 

new entrant registration and issue an out-of-service order effective on:

    (1) Day 46 from the date of notification if the new entrant 

transports passengers in a CMV designed to transport 16 or more 

passengers, including the driver, or transports hazardous materials in 

quantities requiring placarding; or

    (2) Day 61 from the date of notification for all other new entrants; 

or

    (3) If an extension has been granted under Sec. 385.323, the day 

following the expiration of the extension date.

    (c) The new entrant may not operate in interstate commerce on or 

after the effective date of the out-of-service order.