What does 49 CFR 385.103 (Safety monitoring system) require?

Short answer

49 CFR 385.103 requires a safety monitoring system for Mexico-domiciled carriers operating in the United States, including roadside monitoring, a CVSA decal, a safety audit, and a compliance review. The system aims to monitor the carrier's compliance with applicable Federal Motor Carrier Safety Regulations (FMCSRs), Federal Motor Vehicle Safety Standards (FMVSSs), and Hazardous Materials Regulations (HMRs).

The rule says

"Each Mexico-domiciled carrier operating in the United States will be subject to an oversight program to monitor its compliance with applicable Federal Motor Carrier Safety Regulations (FMCSRs), Federal Motor Vehicle Safety Standards (FMVSSs), and Hazardous Materials Regulations (HMRs)." (49 CFR 385.103(a))

"Each Mexico-domiciled carrier that receives provisional operating authority or a provisional Certificate of Registration will be subject to intensified monitoring through frequent roadside inspections." (49 CFR 385.103(b))

"Each Mexico-domiciled carrier granted provisional operating authority under part 365 of this subchapter must have on every commercial motor vehicle it operates in the United States a current decal attesting to a satisfactory inspection by a Commercial Vehicle Safety Alliance (CVSA) inspector." (49 CFR 385.103(c))

"The FMCSA will conduct a safety audit on a Mexico-domiciled carrier within 18 months after the FMCSA issues the carrier a provisional Certificate of Registration under part 368 of this subchapter." (49 CFR 385.103(d))

"The FMCSA will conduct a compliance review on a Mexico-domiciled carrier within 18 months after the FMCSA issues the carrier provisional operating authority under part 365 of this subchapter." (49 CFR 385.103(e))

In plain English

The safety monitoring system includes roadside inspections, which can be frequent and intensive, to check for compliance with safety regulations. Carriers must also display a CVSA decal on their vehicles, indicating that they have passed a satisfactory inspection. Additionally, the FMCSA will conduct a safety audit and a compliance review within 18 months of issuing provisional operating authority or a provisional Certificate of Registration. These audits and reviews help to identify any safety issues or deficiencies and ensure that carriers are taking corrective action.

What to do

• Ensure that all commercial motor vehicles operated in the United States have a current CVSA decal.
• Prepare for frequent roadside inspections and ensure that all vehicles and drivers are in compliance with applicable safety regulations.
• Maintain accurate records and documentation to demonstrate compliance with safety regulations.
• Cooperate with FMCSA during safety audits and compliance reviews, and take corrective action to address any identified safety issues or deficiencies.