[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: 49CFR385.13]



[Page 219-220]

 

                        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 220]]



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]