What does 49 CFR 385.105 (Expedited action) require?

Short answer

49 CFR 385.105 requires a Mexico-domiciled motor carrier to take corrective action if it commits certain violations, such as using unlicensed drivers or operating out-of-service vehicles. The carrier may be subjected to an expedited safety audit or compliance review, or required to submit a written response demonstrating corrective action.

The rule says

"Using drivers not possessing, or operating without, a valid Licencia Federal de Conductor." (49 CFR 385.105(a)(1))

"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." (49 CFR 385.105(a)(2))

"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" (49 CFR 385.105(a)(3)(i))

In plain English

These violations can include using drivers without valid licenses, operating vehicles that have been deemed unsafe, or being involved in hazardous materials incidents. If a carrier commits one of these violations, it may be required to undergo an expedited safety audit or compliance review, or submit a written response outlining the corrective actions it will take. The goal is to quickly address safety issues and prevent future incidents.

What to do

• Review your company's safety policies and procedures to ensure compliance with 49 CFR 385.105.
• Verify that all drivers have valid Licencia Federal de Conductor licenses and that vehicles are properly maintained and repaired.
• Develop a plan for responding to hazardous materials incidents, including procedures for reporting and correcting any safety issues.
• Ensure that all employees understand the importance of safety and the consequences of non-compliance with 49 CFR 385.105.