[Code of Federal Regulations] [Title 49, Volume 4] [Revised as of October 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR385.3] [Page 912-913] TITLE 49--TRANSPORTATION CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 385--SAFETY FITNESS PROCEDURES--Table of Contents Subpart A--General Sec. 385.3 Definitions. Applicable safety regulations or requirements means 49 CFR subtitle B, chapter III, Subchapter B--Federal Motor Carrier Safety Regulations; and 49 CFR subtitle B, chapter I, Subchapter C--Hazardous Materials Regulations. Commercial motor vehicle shall have the same meaning as described in Sec. 390.5 of this subchapter. Preventable accident on the part of a motor carrier means an accident (1) that involved a commercial motor vehicle, and (2) that could have been averted but for an act, or failure to act, by the motor carrier or the driver. Reviews. For the purposes of this part: (1) Compliance review means an on-site examination of motor carrier operations, such as drivers' hours of service, maintenance and inspection, driver [[Page 913]] qualification, commercial drivers license requirements, financial responsibility, accidents, hazardous materials, and other safety and transportation records to determine whether a motor carrier meets the safety fitness standard. A compliance review may be conducted in response to a request to change a safety rating, to investigate potential violations of safety regulations by motor carriers, or to investigate complaints or other evidence of safety violations. The compliance review may result in the initiation of an enforcement action. (2) Safety Audit means an examination of a motor carrier's operations to provide educational and technical assistance on safety and the operational requirements of the FMCSRs and applicable HMRs and to gather critical safety data needed to make an assessment of the carrier's safety performance and basic safety management controls. Safety audits do not result in safety ratings. (3) Safety management controls means the systems, policies programs, practices, and procedures used by a motor carrier to ensure compliance with applicable safety and hazardous materials regulations which ensure the safe movement of products and passengers through the transportation system, and to reduce the risk of highway accidents and hazardous materials incidents resulting in fatalities, injuries, and property damage. Safety ratings: (1) Satisfactory safety rating means that a motor carrier has in place and functioning adequate safety management controls to meet the safety fitness standard prescribed in Sec. 385.5. Safety management controls are adequate if they are appropriate for the size and type of operation of the particular motor carrier. (2) Conditional safety rating means a motor carrier does not have adequate safety management controls in place to ensure compliance with the safety fitness standard that could result in occurrences listed in Sec. 385.5 (a) through (k). (3) Unsatisfactory safety rating means a motor carrier does not have adequate safety management controls in place to ensure compliance with the safety fitness standard which has resulted in occurrences listed in Sec. 385.5 (a) through (k). (4) Unrated carrier means that a safety rating has not been assigned to the motor carrier by the FMCSA. [53 FR 50968, Dec. 19, 1988, as amended at 56 FR 40805, Aug. 16, 1991; 62 FR 60042, Nov. 6, 1997; 67 FR 12779, Mar. 19, 2002] Effective Date Note: At 67 FR 31983, May 13, 2002, Sec. 385.3 was amended by revising the section heading and adding definitions and acronyms in alphabetical order, effective Jan. 1, 2003. For the convenience of the user, the revised and added text follows: Sec. 385.3 Definitions and acronyms. * * * * * CMV means a commercial motor vehicle as defined in Sec. 390.5 of this subchapter. * * * * * FMCSA means the Federal Motor Carrier Safety Administration. FMCSRs mean Federal Motor Carrier Safety Regulations (49 CFR parts 350-399). HMRs means the Hazardous Materials Regulations (49 CFR parts 100- 178). New entrant is a motor carrier not domiciled in Mexico that applies for a United States Department of Transportation (DOT) identification number in order to initiate operations in interstate commerce. New entrant registration is the registration (US DOT number) granted a new entrant before it can begin interstate operations in an 18-month monitoring period. A safety audit must be performed on a new entrant's operations within 18 months after receipt of its US DOT number and it must be found to have adequate basic safety management controls to continue operating in interstate commerce at the end of the 18-month period.