[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR385.11]



[Page 219]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 385_SAFETY FITNESS PROCEDURES--Table of Contents

 

                            Subpart A_General

 

Sec. 385.11  Notification of safety fitness determination.



    (a) The FMCSA will provide a motor carrier written notice of any 

safety rating resulting from a compliance review as soon as practicable, 

but not later than 30 days after the review. The notice will take the 

form of a letter issued from the FMCSA's headquarters office and will 

include a list of FMCSR and HMR compliance deficiencies which the motor 

carrier must correct.

    (b) If the safety rating is ``satisfactory'' or improves a previous 

``unsatisfactory'' safety rating, it is final and becomes effective on 

the date of the notice.

    (c) In all other cases, a notice of a proposed safety rating will be 

issued. It becomes the final safety rating after the following time 

periods:

    (1) For motor carriers transporting hazardous materials in 

quantities requiring placarding or transporting passengers by CMV--45 

days after the date of the notice.

    (2) For all other motor carriers operating CMVs--60 days after the 

date of the notice.

    (d) A proposed safety rating of ``unsatisfactory'' is a notice to 

the motor carrier that the FMCSA has made a preliminary determination 

that the motor carrier is ``unfit'' to continue operating in interstate 

commerce, and that the prohibitions in Sec. 385.13 will be imposed 

after 45 or 60 days if necessary safety improvements are not made.

    (e) A motor carrier may request the FMCSA to perform an 

administrative review of a proposed or final safety rating. The process 

and the time limits are described in Sec. 385.15.

    (f) A motor carrier may request a change to a proposed or final 

safety rating based upon its corrective actions. The process and the 

time limits are described in Sec. 385.17.



[65 FR 50934, Aug. 22, 2000]