[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: 49CFR385.7] [Page 218-219] TITLE 49--TRANSPORTATION DEPARTMENT OF TRANSPORTATION PART 385_SAFETY FITNESS PROCEDURES--Table of Contents Subpart A_General Sec. 385.7 Factors to be considered in determining a safety rating. The factors to be considered in determining the safety fitness and assigning a safety rating include information from safety reviews, compliance reviews and any other data. The factors may include all or some of the following: (a) Adequacy of safety management controls. The adequacy of controls may be questioned if their degree of formalization, automation, etc., is found to be substantially below the norm for similar carriers. Violations, accidents or incidents substantially above the norm for similar carriers will be strong evidence that management controls are either inadequate or not functioning properly. (b) Frequency and severity of regulatory violations. (c) Frequency and severity of driver/vehicle regulatory violations identified in roadside inspections. [[Page 219]] (d) Number and frequency of out-of-service driver/vehicle violations. (e) Increase or decrease in similar types of regulatory violations discovered during safety or compliance reviews. (f) Frequency of accidents; hazardous materials incidents; accident rate per million miles; preventable accident rate per million miles; and other accident indicators; and whether these accident and incident indicators have improved or deteriorated over time. (g) The number and severity of violations of state safety rules, regulations, standards, and orders applicable to commercial motor vehicles and motor carrier safety that are compatible with Federal rules, regulations, standards, and orders. [53 FR 50968, Dec. 19, 1988, as amended at 58 FR 33776, June 21, 1993]