What does 49 CFR 385.109 (The compliance review) require?

Short answer

49 CFR 385.109 requires the FMCSA to conduct a compliance review of a Mexico-domiciled carrier granted provisional operating authority to determine whether it exercises the necessary basic safety management controls. The review results in a Satisfactory, Conditional, or Unsatisfactory rating.

The rule says

"The criteria used in a compliance review to determine whether a Mexico-domiciled carrier granted provisional operating authority under 365.507 of this subchapter exercises the necessary basic safety management controls are specified in Appendix B to this part." (49 CFR 385.109(a))

"If the FMCSA assigns a Mexico-domiciled carrier a Satisfactory rating following a compliance review conducted under this subpart, the FMCSA will provide the carrier written notice as soon as practicable, but not later than 45 days after the completion of the compliance review." (49 CFR 385.109(b))

"If the FMCSA assigns a Mexico-domiciled carrier a Conditional rating following a compliance review conducted under this subpart, it will initiate a revocation proceeding in accordance with 385.111 of this subpart." (49 CFR 385.109(c))

"If the FMCSA assigns a Mexico-domiciled carrier an Unsatisfactory rating following a compliance review conducted under this subpart, it will initiate a suspension and revocation proceeding in accordance with 385.111 of this subpart." (49 CFR 385.109(d))

In plain English

The compliance review under 49 CFR 385. The review assesses the carrier's ability to operate safely in the United States. A Satisfactory rating means the carrier has demonstrated adequate safety controls, while a Conditional or Unsatisfactory rating can lead to revocation or suspension of operating authority. The FMCSA closely monitors the carrier's on-highway performance during the 18-month provisional registration period.

What to do

• Ensure that all required safety management controls are in place and functioning effectively.
• Maintain accurate and complete records of safety-related documentation.
• Cooperate fully with FMCSA during the compliance review process.
• Address any deficiencies or issues identified during the review to avoid revocation or suspension of operating authority.