[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: 49CFR385.15]



[Page 220]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 385_SAFETY FITNESS PROCEDURES--Table of Contents

 

                            Subpart A_General

 

Sec. 385.15  Administrative review.



    (a) A motor carrier may request the FMCSA to conduct an 

administrative review if it believes the FMCSA has committed an error in 

assigning its proposed safety rating in accordance with Sec. 385.15(c) 

or its final safety rating in accordance with Sec. 385.11(b).

    (b) The motor carrier's request must explain the error it believes 

the FMCSA committed in issuing the safety rating. The motor carrier must 

include a list of all factual and procedural issues in dispute, and any 

information or documents that support its argument.

    (c) The motor carrier must submit its request in writing to the 

Chief Safety Officer, Federal Motor Carrier Safety Administration, 400 

Seventh Street, SW., Washington DC 20590.

    (1) If a motor carrier has received a notice of a proposed 

``unsatisfactory'' safety rating, it should submit its request within 15 

days from the date of the notice. This time frame will allow the FMCSA 

to issue a written decision before the prohibitions outlined in Sec. 

385.13 (a)(1) and (2) take effect. Failure to petition within this 15-

day period may prevent the FMCSA from issuing a final decision before 

such prohibitions take effect.

    (2) A motor carrier must make a request for an administrative review 

within 90 days of the date of the proposed safety rating issued under 

Sec. 385.11 (c) or a final safety rating issued under Sec. 385.11 (b), 

or within 90 days after denial of a request for a change in rating under 

Sec. 385.17(i).

    (d) The FMCSA may ask the motor carrier to submit additional data 

and attend a conference to discuss the safety rating. If the motor 

carrier does not provide the information requested, or does not attend 

the conference, the FMCSA may dismiss its request for review.

    (e) The FMCSA will notify the motor carrier in writing of its 

decision following the administrative review. The FMCSA will complete 

its review:

    (1) Within 30 days after receiving a request from a hazardous 

materials or passenger motor carrier that has received a proposed or 

final ``unsatisfactory'' safety rating.

    (2) Within 45 days after receiving a request from any other motor 

carrier that has received a proposed or final ``unsatisfactory'' safety 

rating.

    (f) The decision constitutes final agency action.

    (g) Any motor carrier may request a rating change under the 

provisions of Sec. 385.17.



[65 FR 50935, Aug. 22, 2000]



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