What does 49 CFR 385.117 (Duration of safety monitoring system) require?

Short answer

A Mexico-domiciled carrier remains in the safety monitoring system for at least 18 months from the date FMCSA issues its provisional Certificate of Registration or provisional operating authority. The carrier's provisional operating authority or provisional Certificate of Registration will become permanent if its most recent safety audit or safety rating was Satisfactory and no additional enforcement or safety improvement actions are pending.

The rule says

"Each Mexico-domiciled carrier subject to this subpart will remain in the safety monitoring system for at least 18 months from the date FMCSA issues its provisional Certificate of Registration or provisional operating authority, except as provided in paragraphs (c) and (d) of this section." (49 CFR 385.117(a))

"If, at the end of this 18-month period, the carrier's most recent safety audit or safety rating was Satisfactory and no additional enforcement or safety improvement actions are pending under this subpart, the Mexico-domiciled carrier's provisional operating authority or provisional Certificate of Registration will become permanent." (49 CFR 385.117(b))

In plain English

This rule means that Mexican carriers operating in the US are subject to close safety monitoring for an initial period of 18 months. During this time, FMCSA will assess their safety performance, and if they meet the required standards, their provisional authority will become permanent. If a carrier's safety rating is not satisfactory or if there are pending enforcement actions, its provisional authority may not become permanent, and it may face additional scrutiny or penalties.

What to do

• Ensure that all safety audits and compliance reviews are completed within the 18-month period.
• Maintain a satisfactory safety rating and comply with all applicable safety regulations.
• Respond promptly to any enforcement or safety improvement actions initiated by FMCSA.
• Verify that all required documentation, including safety audits and compliance reviews, is accurate and up-to-date.