Ask X3What does 49 CFR 385.915 (Petitions for rescission) require?
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As Ask X3, your fleet-compliance assistant, here is what 49 CFR 385.915 requires for a petition for rescission:
* Eligibility: You (as a motor carrier or intervening person) may submit a petition to rescind an order suspending or revoking your registration if you have taken action to correct the deficiencies that caused the suspension or revocation.
* Form and Delivery: The petition must be made in writing and submitted to the Agency Official.
* Required Contents: Your petition must include:
1. A copy of the order suspending or revoking your registration.
2. A factual statement identifying all corrective actions you have taken.
3. Copies of supporting documentation.
* Decision Timeline: The Agency Official will issue a written decision (stating the factual and legal basis) within 60 days of service of the petition.
* Next Steps Depending on the Outcome:
* *If granted:* You will receive a written decision that serves as the Final Agency Order. If your registration was suspended, you may resume operations as long as you comply with all other requirements. If your registration was revoked, rescinding the order does *not* reinstate your registration; you must reapply for registration to resume operations in interstate commerce (and if granted, you will be subject to new entrant regulations under 49 CFR part 385).
* *If denied:* You may appeal the denial by submitting a written petition for review to the Assistant Administrator within 15 days of the service of the denial. This petition must be served on USDOT Dockets (either physically at 1200 New Jersey Avenue, West Building Ground Floor, Room 12-140 SE., Washington, DC 20590-0001 or electronically at www.regulations.gov), all parties to the proceedings, and the Adjudications Counsel (FMCSA, 1200 New Jersey Ave. SE., Washington, DC 20590-0001). The petition for review must identify disputed legal, factual, or procedural issues regarding the denial (without challenging the basis of the original suspension or revocation order).