[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR385.325]

[Page 239]
 
                        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 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.