CFR > Title 49 - Transportation > SUBTITLE B—Other Regulations Relating to Transportation > CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION (Parts 300–399) > SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS (Parts 350–399) > PART 385—SAFETY FITNESS PROCEDURES > SUBPART D—New Entrant Safety Assurance Program (§385.301 to §385.337) > 385.337—What happens if a new entrant refuses to permit a safety audit to be performed on its operations?

385.337—What happens if a new entrant refuses to permit a safety audit to be performed on its operations?

(a) If a new entrant refuses to permit a safety audit to be performed on its operations, FMCSA will provide the carrier with written notice that its registration will be revoked and its operations placed out of service unless the new entrant agrees in writing, within 10 days from the service date of the notice, to permit the safety audit to be performed. The refusal to permit a safety audit to be performed may subject the new entrant to the penalty provisions of 49 U.S.C. 521(b)(2)(A), as adjusted for inflation by 49 CFR part 386, appendix B.
(b) If the new entrant does not agree to undergo a safety audit as specified in paragraph (a) of this section, its registration will be revoked and its interstate operations placed out of service effective on the 11th day from the service date of the notice issued under paragraph (a) of this section.
[67 FR 31983, May 13, 2002, as amended at 73 FR 76491, Dec. 16, 2008]