What does 49 CFR 386.5 (Form of filings and extensions of time) require?
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Short answer
49 CFR 386.5 requires that each document be typewritten or legibly handwritten, contain a short statement of facts and a brief statement of the action requested, and comply with specific formatting and length requirements. Extensions of time must show good cause and follow specific filing and service rules.
The rule says
"Each document must be typewritten or legibly handwritten." (49 CFR 386.5(a))
"Each document must contain a short, plain statement of the facts on which the person's case rests and a brief statement of the action requested in the document." (49 CFR 386.5(b))
"Only those requests showing good cause will be granted." (49 CFR 386.5(f))
In plain English
This regulation sets out the requirements for filing documents with the Federal Motor Carrier Safety Administration (FMCSA), including the format, content, and length of the documents. It also specifies the rules for requesting extensions of time, which must be based on good cause. In practice, this means that motor carriers and other parties must ensure that their filings are complete, accurate, and comply with the specified requirements, and that requests for extensions are made in a timely manner and with a valid reason.
What to do
- Ensure all documents are typewritten or legibly handwritten and contain the required information.
- Comply with the formatting and length requirements for filings.
- Show good cause when requesting an extension of time.
- Follow the specific filing and service rules for extension requests.
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