What does 49 CFR 385.107 (The safety audit) require?

Short answer

49 CFR 385.107 requires a safety audit to determine whether a Mexico-domiciled carrier exercises the necessary basic safety management controls. The audit assesses the carrier's controls and may result in a provisional Certificate of Registration or initiation of a suspension and revocation proceeding.

The rule says

"The criteria used in a safety audit to determine whether a Mexico-domiciled carrier exercises the necessary basic safety management controls are specified in appendix A to this part." (49 CFR 385.107(a))

"If the FMCSA determines, based on the safety audit, that the Mexico-domiciled carrier has adequate basic safety management controls, the FMCSA will provide the carrier written notice of this finding as soon as practicable, but not later than 45 days after the completion of the safety audit." (49 CFR 385.107(b))

"If the FMCSA determines, based on the safety audit, that the Mexico-domiciled carrier's basic safety management controls are inadequate, it will initiate a suspension and revocation proceeding in accordance with 385.111 of this subpart." (49 CFR 385.107(c))

In plain English

The audit assesses the carrier's compliance with various safety regulations and may result in a provisional Certificate of Registration or the initiation of a suspension and revocation proceeding. Carriers that fail to demonstrate adequate safety management controls may face significant consequences, including the loss of their operating authority. The audit is also used to assess the safety management controls of Mexico-domiciled applicants for provisional operating authority.

What to do

• Ensure that all safety management controls are in place and functioning effectively.
• Review appendix A to part 385 to understand the criteria used in the safety audit.
• Respond promptly to any findings or deficiencies identified during the safety audit.
• Maintain accurate and complete records of safety management controls and audit results.