[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: 49CFR385.5]



[Page 218]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 385_SAFETY FITNESS PROCEDURES--Table of Contents

 

                            Subpart A_General

 

Sec. 385.5  Safety fitness standard.



    The Satisfactory safety rating is based on the degree of compliance 

with the safety fitness standard for motor carriers. For intrastate 

motor carriers subject to the hazardous materials safety permit 

requirements of subpart E of this part, the motor carrier must meet the 

equivalent State requirements. To meet the safety fitness standard, the 

motor carrier must demonstrate it has adequate safety management 

controls in place, which function effectively to ensure acceptable 

compliance with applicable safety requirements to reduce the risk 

associated with:

    (a) Commercial driver's license standard violations (part 383),

    (b) Inadequate levels of financial responsibility (part 387),

    (c) The use of unqualified drivers (part 391),

    (d) Improper use and driving of motor vehicles (part 392),

    (e) Unsafe vehicles operating on the highways (part 393),

    (f) Failure to maintain accident registers and copies of accident 

reports (part 390),

    (g) The use of fatigued drivers (part 395),

    (h) Inadequate inspection, repair, and maintenance of vehicles (part 

396),

    (i) Transportation of hazardous materials, driving and parking rule 

violations (part 397),

    (j) Violation of hazardous materials regulations (parts 170 through 

177), and

    (k) Motor vehicle accidents and hazardous materials incidents.



[53 FR 50968, Dec. 19, 1988, as amended at 58 FR 33776, June 21, 1993; 

69 FR 39367, June 30, 2004]