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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.
53 FR 50968, Dec. 19, 1988, unless otherwise noted.
67 FR 31983, May 13, 2002, unless otherwise noted.
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Subscribe to: 49 CFR 385.329
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Nomenclature changes to part 385 appear at 66 FR 49872, Oct. 1, 2001.
(a) A new entrant whose USDOT new entrant registration has been revoked, and whose operations have been placed out of service by FMCSA, may reapply for new entrant registration no sooner than 30 days after the date of revocation.
(b) If the USDOT new entrant registration was revoked because of a failed safety audit, the new entrant must do all of the following: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 Form MCSA-1, the URS online application.
(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(c) If the USDOT new entrant registration was revoked because FMCSA found that the new entrant had failed to submit to a safety audit, it must do all of the following: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 Form MCSA-1, the URS online application.
(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 motor carrier subject to the registration provisions of 49 U.S.C. chapter 139 and also has had its operating authority revoked, it must re-apply for operating authority as set forth in § 390.201(b) and part 365 of this chapter.
[73 FR 76490, Dec. 16, 2008, as amended at 80 FR 63707, Oct. 21, 2015]
At 82 FR 5304, Jan. 17, 2017, § 385.329 was suspended, effective Jan. 14, 2017. At 89 FR 90620, Nov. 18, 2024, the suspension was lifted and the section heading was revised. In that same document, § 385.329 was again suspended indefinitely, effective Nov. 18, 2024.