§FMCSR.com
Historical textIn force on Sept. 30, 2016Source: annual CFR editions 2013–2015

§ 385.329 May a new entrant that has had its USDOT new entrant registration revoked and its operations placed out of service reapply?

Wording in the annual edition revised as of Oct. 1, 2013, superseded by the 2016 annual edition.

govinfo, 2015 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2015 edition's wording. An amendment that took effect between Oct. 1, 2015 and Sept. 30, 2016 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.

Link to an amendment published at 78 FR 52649, Aug. 23, 2013.

(a) A new entrant whose USDOT new entrant registration has been revoked, and whose operations have been placed out of service by FMCSA, may reapply for new entrant registration no sooner than 30 days after the date of revocation.

(b) If the USDOT new entrant registration was revoked because of a failed safety audit, the new entrant must do all of the following:

(1) Submit an updated MCS-150.

(2) Submit evidence that it has corrected the deficiencies that resulted in revocation of its registration and will otherwise ensure that it will have basic safety management controls in effect.

(3) Begin the 18-month new entrant monitoring cycle again as of the date the re-filed application is approved.

(c) If the USDOT new entrant registration was revoked because FMCSA found that the new entrant had failed to submit to a safety audit, it must do all of the following:

(1) Submit an updated MCS-150.

(2) Begin the 18-month new entrant monitoring cycle again as of the date the re-filed application is approved.

(3) Submit to a safety audit.

(d) If the new entrant is a for-hire carrier subject to the registration provisions under 49 U.S.C. 13901 and also has had its operating authority revoked, it must re-apply for operating authority as set forth in part 365 of this chapter.

[73 FR 76490, Dec. 16, 2008]

Effective Date Note:

At 78 FR 52649, Aug. 23, 2013, § 385.329 was amended by revising paragraphs (b) introductory text, (b)(1), (c)(1) and (d), effective Oct. 23, 2015. For the convenience of the user, the revised text is set forth as follows:

Amendment history

6 distinct wordings on file since Oct. 1, 2002
  1. [73 FR 76490, Dec. 16, 2008, as amended at 80 FR 63707, Oct. 21, 2015]
  2. [73 FR 76490, Dec. 16, 2008, as amended at 80 FR 63707, Oct. 21, 2015]
  3. [73 FR 76490, Dec. 16, 2008]
  4. Oct. 1, 2013 → Oct. 1, 2016annual editions 2013–2015diff vs. previousviewing
    [73 FR 76490, Dec. 16, 2008]
  5. [73 FR 76490, Dec. 16, 2008]
  6. 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.