[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: 49CFR385.333]



[Page 230]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 385_SAFETY FITNESS PROCEDURES--Table of Contents

 

             Subpart D_New Entrant Safety Assurance Program

 

Sec. 385.333  What happens at the end of the 18-month safety monitoring 

period?



    (a) If a safety audit has been performed within the 18-month period, 

and the new entrant is not currently subject to an order placing its 

operations out-of-service under Sec. 385.325(b) or under a notice 

ordering it to take specified actions to remedy its safety management 

controls under Sec. 385.319(c), the FMCSA will remove the new entrant 

designation and notify the new entrant in writing that its registration 

has become permanent. Thereafter, the FMCSA will evaluate the motor 

carrier on the same basis as any other carrier.

    (b) If a new entrant is determined to be ``unfit'' after a 

compliance review its new entrant registration will be revoked. (See 

Sec. 385.13)

    (c) A new entrant that has reached the conclusion of the 18-month 

period but is under an order to correct its safety management practices 

under Sec. 385.319(c) will have its new entrant registration removed 

following FMCSA's determination that the specified actions have been 

taken to remedy its safety management practices. The motor carrier will 

be notified in writing that its new entrant designation is removed and 

that its registration has become permanent. Thereafter, the FMCSA will 

evaluate the motor carrier on the same basis as any other carrier.

    (d) If a safety audit or compliance review has not been performed by 

the end of the 18-month monitoring period through no fault of the motor 

carrier, the carrier will be permitted to continue operating as a new 

entrant until a safety audit or compliance review is performed and a 

final determination is made regarding the adequacy of its safety 

management controls. Based on the results of the safety audit or 

compliance review, the FMCSA will either:

    (1) Remove the new entrant designation and notify the new entrant in 

writing that its registration has become permanent; or

    (2) Revoke the new entrant registration in accordance with Sec. 

385.319(c).