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CFR › Title 49 › Subtitle B › Chapter III › Subchapter B › Part 385 › Subpart B › Section 385.105

49 CFR 385.105 - Expedited action.

There is 1 rule appearing in the Federal Register for 49 CFR 385. Select the tab below to view, or View eCFR (GPOAccess)
§ 385.105
Expedited action.
(a) A Mexico-domiciled motor carrier committing any of the following violations identified through roadside inspections, or by any other means, may be subjected to an expedited safety audit or compliance review, or may be required to submit a written response demonstrating corrective action:
(1) Using drivers not possessing, or operating without, a valid Licencia Federal de Conductor. An invalid Licencia Federal de Conductor includes one that is falsified, revoked, expired, or missing a required endorsement.
(2) Operating vehicles that have been placed out of service for violations of the Commercial Vehicle Safety Alliance (CVSA) North American Standard Out-of-Service Criteria, without making the required repairs.
(3) Involvement in, due to carrier act or omission, a hazardous materials incident within the United States involving:
(i) A highway route controlled quantity of a Class 7 (radioactive) material as defined in § 173.403 of this title ;
(ii) Any quantity of a Class 1, Division 1.1, 1.2, or 1.3 explosive as defined in § 173.50 of this title; or
(iii) Any quantity of a poison inhalation hazard Zone A or B material as defined in § 173.115, § 173.132, or § 173.133 of this title.
(4) Involvement in, due to carrier act or omission, two or more hazardous material incidents occurring within the United States and involving any hazardous material not listed in paragraph (a)(3) of this section and defined in chapter I of this title.
(5) Using a driver who tests positive for controlled substances or alcohol or who refuses to submit to required controlled substances or alcohol tests.
(6) Operating within the United States a motor vehicle that is not insured as required by part 387 of this chapter.
(7) Having a driver or vehicle out-of-service rate of 50 percent or more based upon at least three inspections occurring within a consecutive 90-day period.
(b) Failure to respond to an agency demand for a written response demonstrating corrective action within 30 days will result in the suspension of the carrier's provisional operating authority or provisional Certificate of Registration until the required showing of corrective action is submitted to the FMCSA.
(c) A satisfactory response to a written demand for corrective action does not excuse a carrier from the requirement that it undergo a safety audit or compliance review, as appropriate, during the provisional registration period.

Title 49 published on 2012-10-01

The following are only the Rules published in the Federal Register after the published date of Title 49.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2012-10-23; vol. 77 # 205 - Tuesday, October 23, 2012
    1. 77 FR 64759 - Rescission of 10-Day Agency Discretionary Period in Assigning Unsatisfactory Safety Ratings
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration
      Final rule.
      Effective November 23, 2012.
      49 CFR Part 385

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
USC : Title 49 - TRANSPORTATION

§ 113 - Federal Motor Carrier Safety Administration

§ 504 - Reports and records

§ 521 - Civil penalties

§ 5105 - Transporting certain highly radioactive material

§ 5109 - Motor carrier safety permits

§ 13901 - Requirement for registration

§ 13902 - Registration of motor carriers

§ 13903 - Registration of freight forwarders

§ 13904 - Registration of brokers

§ 13905 - Effective periods of registration

§ 31133 - General powers of the Secretary of Transportation

§ 31135 - Duties of employers and employees

§ 31136 - United States Government regulations

§ 31137 - Monitoring device and brake maintenance regulations

§ 31144 - Safety fitness of owners and operators

§ 31148 - Certified motor carrier safety auditors

§ 31502 - Requirements for qualifications, hours of service, safety, and equipment standards

Public Laws

103-311

104-88

107-87

Title 49 published on 2012-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 49 CFR 385 after this date.

  • 2012-11-13; vol. 77 # 219 - Tuesday, November 13, 2012
    1. 77 FR 67613 - Patterns of Safety Violations by Motor Carrier Management
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration
      Notice of proposed rulemaking (NPRM).
      You must submit comments on or before January 14, 2013.
      49 CFR Parts 385 and 386