What does 49 CFR 385.113 (Administrative review) require?

Short answer

49 CFR 385.113 requires a Mexico-domiciled motor carrier to submit a request for administrative review in writing, in English, to FMCSA within a specified timeframe, explaining the error it believes FMCSA committed in assigning a safety rating or suspending/revoking its provisional operating authority or Certificate of Registration. The carrier must include any information or documents that support its argument. FMCSA will complete its administrative review no later than 10 days after the carrier submits its request.

The rule says

"A Mexico-domiciled motor carrier may request the FMCSA to conduct an administrative review if it believes the FMCSA has committed an error in assigning a safety rating or suspending or revoking the carrier's provisional operating authority or provisional Certificate of Registration under this subpart." (49 CFR 385.113(a))

"The carrier must submit its request in writing, in English, to FMCSA, ATTN: 385.113 Request for Administrative Review , 1200 New Jersey Ave., SE., Washington, DC 20590-0001." (49 CFR 385.113(b))

"The carrier's request must explain the error it believes the FMCSA committed in assigning the safety rating or suspending or revoking the carrier's provisional operating authority or provisional Certificate of Registration and include any information or documents that support its argument." (49 CFR 385.113(c))

"The FMCSA will complete its administrative review no later than 10 days after the carrier submits its request for review." (49 CFR 385.113(d))

In plain English

This rule allows a Mexico-domiciled motor carrier to request a review of FMCSA's decision regarding its safety rating or operating authority. The carrier must submit its request in writing, explaining the error it believes FMCSA made, and provide supporting documents. FMCSA must complete its review within 10 days. Carriers should carefully review the rule and follow the procedures to ensure their request is properly submitted and considered.

What to do

• Submit a written request for administrative review to FMCSA in English.
• Explain the error believed to have been committed by FMCSA in assigning a safety rating or suspending/revoking operating authority.
• Include supporting information and documents with the request.
• Ensure the request is submitted to the correct address: FMCSA, ATTN: 385.113 Request for Administrative Review, 1200 New Jersey Ave., SE., Washington, DC 20590-0001.