[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR385.13]

[Page 1003-1004]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 385_SAFETY FITNESS PROCEDURES--Table of Contents
 
                            Subpart A_General
 
Sec. 385.13  Unsatisfactory rated motor carriers; prohibition on 
transportation; ineligibility for Federal contracts.

    (a) Generally, a motor carrier rated ``unsatisfactory'' is 
prohibited from operating a CMV. Information on motor carriers, 
including their most current safety rating, is available from the FMCSA 
on the Internet at http://www.safersys.org, or by telephone at (800) 
832-5660.
    (1) Motor carriers transporting hazardous materials in quantities 
requiring placarding, and motor carriers transporting passengers in a 
CMV, are prohibited from operating a CMV beginning on the 46th day after 
the date of the FMCSA's notice of proposed ``unsatisfactory'' rating.
    (2) All other motor carriers rated from reviews completed on or 
after November 20, 2000 are prohibited from operating a CMV beginning on 
the 61st

[[Page 1004]]

day after the date of the FMCSA's notice of proposed ``unsatisfactory'' 
rating. If the FMCSA determines the motor carrier is making a good-faith 
effort to improve its safety fitness, the FMCSA may allow the motor 
carrier to operate for up to 60 additional days.
    (b) A Federal agency must not use a motor carrier that holds an 
``unsatisfactory'' rating to transport passengers in a CMV or to 
transport hazardous materials in quantities requiring placarding.
    (c) A Federal agency must not use a motor carrier for other CMV 
transportation if that carrier holds an ``unsatisfactory'' rating which 
became effective on or after January 22, 2001.
    (d) Penalties. If a proposed ``unsatisfactory'' safety rating 
becomes final, the FMCSA will issue an order placing its interstate 
operations out of service. Any motor carrier that operates CMVs in 
violation of this section will be subject to the penalty provisions 
listed in 49 U.S.C. 521(b).

[65 FR 50934, Aug. 22, 2000]