[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR385.111]

[Page 919-920]
 
                        TITLE 49--TRANSPORTATION
 
        CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION,
                      DEPARTMENT OF TRANSPORTATION
 
PART 385--SAFETY FITNESS PROCEDURES--Table of Contents
 
    Subpart B--Safety Monitoring System for Mexico-Domiciled Carriers
 
Sec. 385.111  Suspension and revocation of Mexico-domiciled carrier registration.

    (a) If a carrier is assigned an ``Unsatisfactory'' safety rating 
following a compliance review conducted under this subpart, or a safety 
audit conducted under this subpart determines that a carrier does not 
exercise the basic safety management controls necessary to ensure safe 
operations, the FMCSA will provide the carrier written notice, as soon 
as practicable, that its registration will be suspended effective 15 
days from the service date of the notice unless the carrier 
demonstrates, within 10 days of the service date of the notice, that the 
compliance review or safety audit contains material error.
    (b) For purposes of this section, material error is a mistake or 
series of mistakes that resulted in an erroneous safety rating or an 
erroneous determination that the carrier does not exercise the necessary 
basic safety management controls.
    (c) If the carrier demonstrates that the compliance review or safety 
audit contained material error, its registration will not be suspended. 
If the carrier fails to show a material error in the safety audit, the 
FMCSA will issue an Order:
    (1) Suspending the carrier's provisional operating authority or 
provisional Certificate of Registration and requiring it to immediately 
cease all further operations in the United States; and
    (2) Notifying the carrier that its provisional operating authority 
or provisional Certificate of Registration will be revoked unless it 
presents evidence of necessary corrective action within 30 days from the 
service date of the Order.
    (d) If a carrier is assigned a ``Conditional'' rating following a 
compliance review conducted under this subpart, the provisions of 
subparagraphs (a) through (c) of this section will apply, except that 
its provisional registration will not be suspended under paragraph 
(c)(1) of this section.

[[Page 920]]

    (e) If a carrier subject to this subpart fails to provide the 
necessary documents for a safety audit or compliance review upon 
reasonable request, or fails to submit evidence of the necessary 
corrective action as required by Sec. 385.105 of this subpart, the FMCSA 
will provide the carrier with written notice, as soon as practicable, 
that its registration will be suspended 15 days from the service date of 
the notice unless it provides all necessary documents or information. 
This suspension will remain in effect until the necessary documents or 
information are produced and:
    (1) A safety audit determines that the carrier exercises basic 
safety management controls necessary for safe operations;
    (2) The carrier is rated Satisfactory or Conditional after a 
compliance review; or
    (3) The FMCSA determines, following review of the carrier's response 
to a demand for corrective action under Sec. 385.105, that the carrier 
has taken the necessary corrective action.
    (f) If a carrier commits any of the violations specified in 
Sec. 385.105(a) of this subpart after the removal of a suspension issued 
under this section, the suspension will be automatically reinstated. The 
FMCSA will issue an Order requiring the carrier to cease further 
operations in the United States and demonstrate, within 15 days from the 
service date of the Order, that it did not commit the alleged 
violation(s). If the carrier fails to demonstrate that it did not commit 
the violation(s), the FMCSA will issue an Order revoking its provisional 
operating authority or provisional Certificate of Registration.
    (g) If the FMCSA receives credible evidence that a carrier has 
operated in violation of a suspension order issued under this section, 
it will issue an Order requiring the carrier to show cause, within 10 
days of the service date of the Order, why its provisional operating 
authority or provisional Certificate of Registration should not be 
revoked. If the carrier fails to make the necessary showing, the FMCSA 
will revoke its registration.
    (h) If a Mexico-domiciled motor carrier operates a commercial motor 
vehicle in violation of a suspension or out-of-service order, it is 
subject to the penalty provisions in 49 U.S.C. 521(b)(2)(A), not to 
exceed $10,000 for each offense.
    (i) Notwithstanding any provision of this subpart, a carrier subject 
to this subpart is also subject to the suspension and revocation 
provisions of 49 U.S.C. 13905 for repeated violations of DOT regulations 
governing its motor carrier operations.