§ 385.325 What happens after a new entrant has been notified under § 385.319(c) to take corrective action to remedy its safety management practices?
Wording in the annual edition revised as of Oct. 1, 2009, superseded November 18, 2024.
(a) If the new entrant provides evidence of corrective action acceptable to the FMCSA within the time period provided in § 385.319(c), including any extension of that period authorized under § 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 § 385.319(c), includingand any extension of that period authorized under § 385.323, the FMCSA will revoke its new entrant registration and issue an out-of-service order effective on:
(1) Day 4661 from the notice date offor notification if the new entrantentrants transportssubject passengers in a CMV designed to transport§ 16 or more passengers, including the driver, or transports hazardous materials in quantities requiring placarding; or385.319(c)(1).
(2) Day 6146 from the notice date of notification for all other new entrants; orsubject to § 385.319(c)(2).
(3) If an extension has been granted under § 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.
[67 FR 31983, May 13, 2002, as amended at 73 FR 76490, Dec. 16, 2008]
(a) If the new entrant provides evidence of corrective action acceptable to the FMCSA within the time period provided in § 385.319(c), including any extension of that period authorized under § 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 § 385.319, and any extension of that period authorized under § 385.323, FMCSA will revoke its new entrant registration and issue an out-of-service order effective on:
(1) Day 61 from the notice date for new entrants subject to § 385.319(c)(1).
(2) Day 46 from the notice date for new entrants subject to § 385.319(c)(2).
(3) If an extension has been granted under § 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.
[67 FR 31983, May 13, 2002, as amended at 73 FR 76490, Dec. 16, 2008]
Amendment history
3 distinct wordings on file since Oct. 1, 2002- [67 FR 31983, May 13, 2002, as amended at 73 FR 76490, Dec. 16, 2008]
- [67 FR 31983, May 13, 2002, as amended at 73 FR 76490, Dec. 16, 2008]
- Oct. 1, 2002 → Oct. 1, 2009annual editions 2002–2008
A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.