[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: 49CFR385.17]



[Page 221]

 

                        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]