[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: 49CFR385.407]

[Page 1016]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 385_SAFETY FITNESS PROCEDURES--Table of Contents
 
              Subpart E_Hazardous Materials Safety Permits
 
Sec. 385.407  What conditions must a motor carrier satisfy for FMCSA to 
issue a safety permit?

    (a) Motor carrier safety performance. (1) The motor carrier must 
have a ``Satisfactory'' safety rating assigned by either FMCSA, pursuant 
to the Safety Fitness Procedures of this part, or the State in which the 
motor carrier has its principal place of business, if the State has 
adopted and implemented safety fitness procedures that are equivalent to 
the procedures in subpart A of this part; and,
    (2) FMCSA will not issue a safety permit to a motor carrier that:
    (i) Does not certify that it has a satisfactory security program as 
required in Sec. 385.407(b);
    (ii) Has a crash rate in the top 30 percent of the national average 
as indicated in the FMCSA Motor Carrier Management Information System 
(MCMIS); or
    (iii) Has a driver, vehicle, hazardous materials, or total out-of-
service rate in the top 30 percent of the national average as indicated 
in the MCMIS.
    (b) Satisfactory security program. The motor carrier must certify 
that it has a satisfactory security program, including:
    (1) A security plan meeting the requirements of part 172, subpart I 
of this title, and addressing how the carrier will ensure the security 
of the written route plan required by this part;
    (2) A communications plan that allows for contact between the 
commercial motor vehicle operator and the motor carrier to meet the 
periodic contact requirements in Sec. 385.415(c)(1); and
    (3) Successful completion by all hazmat employees of the security 
training required in Sec. 172.704(a)(4) and (a)(5) of this title.
    (c) Registration with the Research and Special Programs 
Administration (RSPA). The motor carrier must be registered with RSPA in 
accordance with part 107, subpart G of this title.

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