[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: 49CFR385.327]



[Page 229]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 385_SAFETY FITNESS PROCEDURES--Table of Contents

 

             Subpart D_New Entrant Safety Assurance Program

 

Sec. 385.327  What happens when a new entrant receives a notice under 

Sec. 385.319(c) that its new entrant registration will be revoked and 

it believes the FMCSA made an error in its determination?



    (a) If a new entrant receives a revocation notice, it may request 

the FMCSA to conduct an administrative review if it believes the FMCSA 

has committed an error in determining that its basic safety management 

controls were inadequate.

    (1) The request must be made to the Field Administrator of the 

appropriate FMCSA Service Center.

    (2) The request must explain the error the new entrant believes the 

FMCSA committed in its determination.

    (3) The request must include a list of all factual and procedural 

issues in dispute, and any information or documents that support the new 

entrant's argument.

    (b) The new entrant should submit its request no later than 15 days 

from the date of the notice of the inadequacy of its basic safety 

management controls. Submitting the request within 15 days will allow 

the FMCSA to issue a written decision before the prohibitions outlined 

in Sec. 385.319(c) take effect. Failure to petition within this 15-day 

period may prevent the FMCSA from issuing a final decision before the 

prohibitions take effect.

    (c) The FMCSA may request that the new entrant submit additional 

data and attend a conference to discuss the issue(s) in dispute. If the 

new entrant does not attend the conference, or does not submit the 

requested data, the FMCSA may dismiss the new entrant's request for 

review.

    (d) The FMCSA will complete its review and notify the new entrant in 

writing of its decision within 30 days after receiving a request for 

review from a hazardous materials or passenger new entrant and within 45 

days from any other new entrant.

    (e) A new entrant must make a request for an administrative review 

within:

    (1) 90 days of the date when it was initially notified under Sec. 

385.319(c) that its basic safety management controls were inadequate; or

    (2) 90 days after it was notified that its corrective action under 

Sec. 385.319(c) was insufficient and its basic safety management 

controls remain inadequate.

    (f) The Field Administrator's decision constitutes the final agency 

action.

    (g) Notwithstanding this subpart, a new entrant is subject to the 

suspension and revocation provisions of 49 U.S.C. 13905 for violations 

of DOT regulations governing motor carrier operations.