Ask X3What does 49 CFR 385.709 (Suspension and revocation of non-North America-domiciled carrier registration) require?
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According to 49 CFR 385.709, the requirements and processes regarding the suspension and revocation of a non-North America-domiciled carrier's registration are as follows:
* "Unsatisfactory" Safety Rating: If your carrier receives an "Unsatisfactory" safety rating after a compliance review, FMCSA will send you a written notice stating your registration will be suspended in 15 days. To prevent this, you have 10 days from the notice's service date to prove the compliance review contains a "material error" (a mistake or series of mistakes that led to a wrong safety rating).
* Failed Material Error Defense: If you fail to prove a material error, FMCSA will issue an Order that:
1. Suspends your new entrant registration and requires you to immediately stop all operations in the United States.
2. Warns you that your registration will be revoked unless you provide evidence of necessary corrective action within 30 days of the Order's service date.
* "Conditional" Safety Rating: If you receive a "Conditional" rating, the same notice and error-checking process applies as an "Unsatisfactory" rating, except your registration will *not* be immediately suspended under paragraph (c)(1).
* Failure to Provide Documents or Corrective Action: If you fail to provide necessary documents for a compliance review upon reasonable request, or fail to submit required evidence of corrective action under § 385.705, FMCSA will send written notice that your registration will be suspended in 15 days. The suspension stays in effect until you provide the documents/information *and* either receive a "Satisfactory" rating after a review or FMCSA determines you have taken the necessary corrective action.
* Reinstatement of Suspension: If you commit actions specified in § 385.705(a) after a suspension is lifted, your suspension is automatically reinstated. FMCSA will order you to stop U.S. operations and give you 15 days to prove you did not commit the actions. If you fail to prove this, your registration will be revoked.
* Operating During a Suspension: If FMCSA receives credible evidence that you operated in violation of a suspension order, you have 10 days to show cause why your registration should not be revoked. If you fail to make this showing, your registration will be revoked. Additionally, operating a commercial motor vehicle in violation of a suspension or out-of-service order subjects you to specific monetary penalties under 49 U.S.C. 521(b)(2)(A) (adjusted for inflation under part 386, Appendix B).
* Repeated Violations: You are also subject to the suspension and revocation provisions of 49 U.S.C. 13905 if you repeatedly violate DOT regulations governing your motor carrier operations.