§385.325. Safety audit: Outcomes of a corrective action notice.
49 C.F.R. § 385.325
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.
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:
Day 61 from the notice date for new entrants subject to § 385.319(c)(1).
Day 46 from the notice date for new entrants subject to § 385.319(c)(2).
If an extension has been granted under § 385.323, the day following the expiration of the extension date.
The new entrant may not operate in interstate commerce on or after the effective date of the out-of-service order.
Notes, amendments, and revision history
Amendments
[67 FR 31983, May 13, 2002, as amended at 73 FR 76490, Dec. 16, 2008]
Source
Source: 67 FR 31983, May 13, 2002, unless otherwise noted.
Authority
Authority: 49 U.S.C. 113, 504, 521(b), 5105(d), 5109, 5113, 13901-13905, 13908, 31135, 31136, 31144, 31148, 31151, 31502; sec. 113(a), Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 408, Pub. L. 104-88, 109 Stat. 803, 958; sec. 350, Pub. L. 107-87, 115 Stat. 833, 864; sec. 5205, Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR 1.87.
Source
Source: 53 FR 50968, Dec. 19, 1988, unless otherwise noted.
Amendments
[67 FR 31983, May 13, 2002, as amended at 73 FR 76490, Dec. 16, 2008]