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> What happens at the end of the 18-month safety monitoring period?
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What happens at the end of the 18-month safety monitoring period?
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Regulations current to Apr 12, 2013
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Medical Form, 391.53, 391
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Part 385
< 385.331
385.335 >
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Subpart D - New entrant safety assurance program
Code of Federal Regulations
§ 385.333
What happens at the end of the 18-month safety monitoring period?
(a) If a safety audit has been performed within the 18-month period, and the new entrant is not currently subject to an order placing its operations out-of-service under
§385.325(b)
or under a notice ordering it to take specified actions to remedy its safety management controls under
§385.319(c)
, the FMCSA will remove the new entrant designation and notify the new entrant in writing that its registration has become permanent. Thereafter, the FMCSA will evaluate the motor carrier on the same basis as any other carrier.
(b) If a new entrant is determined to be “unfit” after a compliance review its new entrant registration will be revoked. (See
§385.13
)
(c) A new entrant that has reached the conclusion of the 18-month period but is under an order to correct its safety management practices under
§385.319(c)
will have its new entrant registration removed following FMCSA's determination that the specified actions have been taken to remedy its safety management practices. The motor carrier will be notified in writing that its new entrant designation is removed and that its registration has become permanent. Thereafter, the FMCSA will evaluate the motor carrier on the same basis as any other carrier.
(d) If a safety audit or compliance review has not been performed by the end of the 18-month monitoring period through no fault of the motor carrier, the carrier will be permitted to continue operating as a new entrant until a safety audit or compliance review is performed and a final determination is made regarding the adequacy of its safety management controls. Based on the results of the safety audit or compliance review, the FMCSA will either:
Code of Federal Regulations
246
(1) Remove the new entrant designation and notify the new entrant in writing that its registration has become permanent; or
(2) Revoke the new entrant registration in accordance with
§385.319(c)
.