[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: 49CFR385.407]



[Page 232-233]

 

                        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



[[Page 233]]



with RSPA in accordance with part 107, subpart G of this title.