[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: 49CFR385.409]



[Page 233]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 385_SAFETY FITNESS PROCEDURES--Table of Contents

 

              Subpart E_Hazardous Materials Safety Permits

 

Sec. 385.409  When may a temporary safety permit be issued to a motor 

carrier?



    (a) Temporary safety permit. If a motor carrier does not meet the 

criteria in Sec. 385.407(a), FMCSA may issue it a temporary safety 

permit. To obtain a temporary safety permit a motor carrier must certify 

on Form MCS-150B that it is operating in full compliance with the HMRs; 

with the FMCSRs, and/or comparable State regulations, whichever is 

applicable; and with the minimum financial responsibility requirements 

in part 387 of this chapter or in State regulations, whichever is 

applicable.

    (b) FMCSA will not issue a temporary safety permit to a motor 

carrier that:

    (1) Does not certify that it has a satisfactory security program as 

required in Sec. 385.407(b);

    (2) Has a crash rate in the top 30 percent of the national average 

as indicated in the FMCSA's MCMIS; or

    (3) 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.

    (c) A temporary safety permit shall be valid for 180 days after the 

date of issuance or until the motor carrier is assigned a new safety 

rating, whichever occurs first.

    (1) A motor carrier that receives a Satisfactory safety rating will 

be issued a safety permit (see Sec. 385.421).

    (2) A motor carrier that receives a less than Satisfactory safety 

rating is ineligible for a safety permit and will be subject to 

revocation of its temporary safety permit.

    (d) If a motor carrier has not received a safety rating within the 

180-day time period, FMCSA will extend the effective date of the 

temporary safety permit for an additional 60 days, provided the motor 

carrier demonstrates that it is continuing to operate in full compliance 

with the FMCSRs and HMRs.