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

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

Cross Reference

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

Cross Reference

Link to a delay published at 80 FR 63702, Oct. 21, 2015.

Cross Reference

Link to an amendment published at 80 FR 63707, Oct. 21, 2015.

Cross Reference

Link to a delay published at 81 FR 49553, July 28, 2016.

(a) A new entrant whose USDOT new entrant registration has been revoked, and whose operations have been placed out of service by FMCSA, may reapply for new entrant registration no sooner than 30 days after the date of revocation.

(b) If the USDOT new entrant registration was revoked because of a failed safety audit, the new entrant must do all of the following: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-150Form 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(c) If the USDOT new entrant registration was revoked because FMCSA found that the new entrant had failed to submit to a safety audit, it must do all of the following: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 MCS-150Form 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 under of 49 U.S.C. 13901chapter 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]

Effective Date Note

Effective Date Note:

At 82 FR 5304, Jan. 17, 2017, § 385.329 was suspended, effective Jan. 14, 2017.