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Provisional Certificate of Registration [Transportation]
Understanding the Provisional Certificate of Registration [Transportation]: A Comprehensive Guide
Definition & Meaning
A provisional certificate of registration is a type of registration granted by the Federal Motor Carrier Safety Administration (FMCSA) to motor carriers based in Mexico. This certificate allows these carriers to transport property across state lines within the United States, but only in specific areas along the U.S.-Mexico border and within designated commercial zones. The provisional nature of this certificate means it can be revoked if the carrier fails to demonstrate adequate safety management practices during a specified monitoring period.
Table of content
Legal Use & context
This term is primarily used in transportation law, particularly concerning interstate commerce regulations. The provisional certificate of registration is relevant for Mexico-domiciled carriers that wish to operate in the U.S. It involves compliance with safety regulations set forth by the FMCSA. Users may find it beneficial to utilize legal templates from US Legal Forms to navigate the registration process and ensure compliance with applicable regulations.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A Mexican trucking company obtains a provisional certificate of registration to deliver goods from Tijuana to San Diego. They must show that they are following safety regulations during the monitoring period.
Example 2: A carrier's provisional certificate is revoked after failing to demonstrate adequate safety measures during the FMCSA's review period. (hypothetical example)
Relevant laws & statutes
Key regulations governing provisional certificates of registration can be found in Title 49 of the Code of Federal Regulations, particularly under 49 CFR 385.101 and § 368.6. These regulations outline the requirements and procedures for obtaining and maintaining this certificate.
Comparison with related terms
Term
Definition
Key Differences
Certificate of Registration
A general registration allowing operation in a specific area.
Provisional certificates are temporary and conditional on safety compliance.
Operating Authority
Permission to transport goods for hire across state lines.
Provisional certificates are specifically for Mexico-domiciled carriers under certain conditions.
Common misunderstandings
What to do if this term applies to you
If you are a Mexico-domiciled motor carrier seeking to operate in the U.S., you should apply for a provisional certificate of registration through the FMCSA. Ensure that you have a robust safety management plan in place to maintain your registration. Consider using US Legal Forms to find templates that can assist you with the application process. If you encounter complexities, it may be wise to seek professional legal advice.
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