§ 385.325 Safety audit: Outcomes of a corrective action notice.
Current wording, effective 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. Set a case date in the header to read any earlier wording.