Ask X3What does 49 CFR 385.911 (Suspension proceedings) require?
Generated guidance. Confirm the source and its applicability before you act. How we check sources.
As Ask X3, your fleet-compliance assistant, here is what 49 CFR 385.911 requires for motor carrier registration suspension proceedings:
1. Commencement of Proceedings: The Agency Official starts the process by serving an order to show cause to the motor carrier (and to any person alleged to have engaged in the underlying pattern or practice). This order will:
- Provide notice that the Agency is considering suspending your registration and explain the factual and legal basis for it.
- Direct you to show good cause within 30 days of service why your registration should not be suspended.
- Instruct you that your response must be in writing, state your factual and legal basis, include all supporting documentation, and be sent to the specific name and address provided.
- Warn you that your registration will be suspended on the 35th day after service if neither you nor an intervening person responds.
2. Agency Review & Actions: After reviewing responses, the Agency Official will take one of three actions:
- Enter an order suspending your registration if determined necessary.
- Enter an order directing you to correct compliance deficiencies if suspension is not appropriate.
- Enter an order terminating the proceeding if no suspension or compliance order is warranted.
3. Administrative Review (Appapping a Suspension): If your registration is suspended, you have the right to petition the Assistant Administrator for administrative review under 49 CFR 385.911:
- Deadline: You must serve your written petition within 15 days of the order's service date (failure to do so waives your right to contest and makes it a Final Agency Order after 20 days).
- Where to Send: Submit your petition to USDOT Dockets (Docket Operations, 1200 New Jersey Avenue SE, Room 12-140, Washington, DC 20590-0001, or electronically at www.regulations.gov), and serve copies on all parties and the FMCSA Adjudications Counsel.
- What to Include: A copy of the disputed order, a copy of your original response with documents, a statement of all legal/factual/procedural issues in dispute, and written legal/factual arguments.
- Effect of Petition: A timely petition automatically stays the suspension order (unless good cause is shown to vacate the stay).