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Provisional operating authority refers to the temporary registration granted by the Federal Motor Carrier Safety Administration (FMCSA) to Mexico-domiciled motor carriers. This authority allows these carriers to provide interstate transportation services within the United States, extending beyond the municipalities along the U.S.-Mexico border and their commercial zones. This provisional status means that the authority can be revoked if the carrier does not receive a satisfactory safety rating after a compliance review during the designated safety monitoring period.
Table of content
Legal Use & context
This term is primarily used in the context of transportation law, particularly concerning motor carriers operating across international borders. It is relevant in regulatory compliance, safety assessments, and interstate commerce. Carriers seeking to operate in the U.S. must navigate the FMCSA's requirements, which may include using legal forms for applications and compliance documentation. Users can find templates and resources on platforms like US Legal Forms to assist in managing these processes.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A Mexico-based trucking company applies for provisional operating authority to transport goods from Mexico to various states in the U.S., including Texas and California. If they successfully pass the safety review, they can operate legally across state lines.
Example 2: A motor carrier that fails to secure a satisfactory safety rating after a compliance review may have their provisional authority revoked, preventing them from continuing interstate operations. (hypothetical example)
Relevant laws & statutes
The primary regulation governing provisional operating authority is found in Title 49 of the Code of Federal Regulations, specifically § 385.101 and § 365.507. These sections outline the requirements and processes for Mexico-domiciled carriers seeking to operate in the U.S.
Comparison with related terms
Term
Description
Difference
Operating Authority
General permission to operate as a motor carrier.
Provisional authority is temporary and contingent on safety ratings.
Permanent Operating Authority
Long-term permission granted after meeting all regulatory requirements.
Provisional authority is a temporary measure pending compliance.
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 provisional operating authority through the FMCSA.
Ensure compliance with safety regulations to secure a satisfactory safety rating.
Consider using legal form templates from US Legal Forms to assist with your application and compliance documentation.
If you encounter complexities, consult a legal professional for tailored advice.
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