[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: 49CFR385.17]

[Page 1005]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 385_SAFETY FITNESS PROCEDURES--Table of Contents
 
                            Subpart A_General
 
Sec. 385.17  Change to safety rating based upon corrective actions.

    (a) A motor carrier that has taken action to correct the 
deficiencies that resulted in a proposed or final rating of 
``conditional'' or ``unsatisfactory'' may request a rating change at any 
time.
    (b) A motor carrier must make this request in writing to the FMCSA 
Service Center for the geographic area where the carrier maintains its 
principal place of business. The addresses and geographical boundaries 
of the Service Centers are listed in Sec. 390.27 of this chapter.
    (c) The motor carrier must base its request upon evidence that it 
has taken corrective actions and that its operations currently meet the 
safety standard and factors specified in Sec. Sec. 385.5 and 385.7. The 
request must include a written description of corrective actions taken, 
and other documentation the carrier wishes the FMCSA to consider.
    (d) The FMCSA will make a final determination on the request for 
change based upon the documentation the motor carrier submits, and any 
additional relevant information.
    (e) The FMCSA will perform reviews of requests made by motor 
carriers with a proposed or final ``unsatisfactory'' safety rating in 
the following time periods after the motor carrier's request:
    (1) Within 30 days for motor carriers transporting passengers in 
CMVs or placardable quantities of hazardous materials.
    (2) Within 45 days for all other motor carriers.
    (f) The filing of a request for change to a proposed or final safety 
rating under this section does not stay the 45-day period specified in 
Sec. 385.13(a)(1) for motor carriers transporting passengers or 
hazardous materials. If the motor carrier has submitted evidence that 
corrective actions have been taken pursuant to this section and the 
FMCSA cannot make a final determination within the 45-day period, the 
period before the proposed safety rating becomes final may be extended 
for up to 10 days at the discretion of the FMCSA.
    (g) The FMCSA may allow a motor carrier with a proposed rating of 
``unsatisfactory'' (except those transporting passengers in CMVs or 
placardable quantities of hazardous materials) to continue to operate in 
interstate commerce for up to 60 days beyond the 60 days specified in 
the proposed rating, if the FMCSA determines that the motor carrier is 
making a good faith effort to improve its safety status. This additional 
period would begin on the 61st day after the date of the notice of the 
proposed ``unsatisfactory'' rating.
    (h) If the FMCSA determines that the motor carrier has taken the 
corrective actions required and that its operations currently meet the 
safety standard and factors specified in Sec. Sec. 385.5 and 385.7, the 
agency will notify the motor carrier in writing of its upgraded safety 
rating.
    (i) If the FMCSA determines that the motor carrier has not taken all 
the corrective actions required, or that its operations still fail to 
meet the safety standard and factors specified in Sec. Sec. 385.5 and 
385.7, the agency will notify the motor carrier in writing.
    (j) Any motor carrier whose request for change is denied in 
accordance with paragraph (i) of this section may request administrative 
review under the procedures of Sec. 385.15. The motor carrier must make 
the request within 90 days of the denial of the request for a rating 
change. If the proposed rating has become final, it shall remain in 
effect during the period of any administrative review.

[65 FR 50935, Aug. 22, 2000]