What does 49 CFR 385.101 (Definitions) require?

Short answer

49 CFR 385.101 defines terms used in the regulations, including "compliance review", "provisional certificate of registration", "provisional operating authority", and "safety audit".

The rule says

"Compliance review means a compliance review as defined in 385.3 of this part." (49 CFR 385.101)

"Provisional certificate of registration means the registration under 368.6 of this subchapter that the FMCSA grants to a Mexico-domiciled motor carrier to provide interstate transportation of property within the United States solely within the municipalities along the United States-Mexico border and the commercial zones of such municipalities." (49 CFR 385.101)

"Provisional operating authority means the registration under 365.507 of this subchapter that the FMCSA grants to a Mexico-domiciled motor carrier to provide interstate transportation within the United States beyond the municipalities along the United States-Mexico border and the commercial zones of such municipalities." (49 CFR 385.101)

"Safety audit means an examination of a motor carrier's operations to provide educational and technical assistance on safety and the operational requirements of the FMCSRs and applicable HMRs and to gather critical safety data needed to make an assessment of the carrier's safety performance and basic safety management controls." (49 CFR 385.101)

In plain English

These definitions are crucial for motor carriers to understand their obligations and the requirements for operating in interstate commerce. The provisional certificate of registration and provisional operating authority are specific to Mexico-domiciled motor carriers, and the safety audit is a tool used by FMCSA to assess a carrier's safety performance. Motor carriers must demonstrate basic safety management controls to maintain their operating authority.

What to do

• Review the definitions in 49 CFR 385.101 to understand the requirements for compliance reviews, provisional certificates of registration, provisional operating authority, and safety audits.
• Ensure that your motor carrier operation is in compliance with the applicable regulations, including those related to safety management controls.
• Familiarize yourself with the FMCSA's safety audit process and be prepared to provide educational and technical assistance on safety and operational requirements.