What does 49 CFR 385.115 (Reapplying for provisional registration) require?

Short answer

A Mexico-domiciled motor carrier whose provisional operating authority or provisional Certificate of Registration has been revoked may reapply no sooner than 30 days after the date of revocation. The carrier must initiate the application process from the beginning and demonstrate how it has corrected the deficiencies that resulted in revocation.

The rule says

"A Mexico-domiciled motor carrier whose provisional operating authority or provisional Certificate of Registration has been revoked may reapply under part 365 or 368 of this subchapter, as appropriate, no sooner than 30 days after the date of revocation." (49 CFR 385.115(a))

"The Mexico-domiciled motor carrier will be required to initiate the application process from the beginning." (49 CFR 385.115(b))

"The carrier will be required to demonstrate how it has corrected the deficiencies that resulted in revocation of its registration and how it will ensure that it will have adequate basic safety management controls." (49 CFR 385.115(b))

In plain English

When a Mexico-domiciled motor carrier's provisional operating authority or Certificate of Registration is revoked, it can reapply after 30 days, but it must start the application process over from the beginning. The carrier will need to show that it has fixed the problems that led to the revocation and that it has adequate safety management controls in place. This means the carrier will have to undergo a pre-authorization safety audit if it applies for provisional operating authority.

What to do

• Wait at least 30 days after the date of revocation before reapplying.
• Initiate the application process from the beginning.
• Demonstrate how the deficiencies that resulted in revocation have been corrected.
• Ensure adequate basic safety management controls are in place.
• Undergo a pre-authorization safety audit if applying for provisional operating authority under part 365.