[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR385.13]

[Page 229-230]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 385_SAFETY FITNESS PROCEDURES--Table of Contents
 
                            Subpart A_General
 
Sec.  385.13  Unsatisfactory rated motor carriers; prohibition on 
transportation; ineligibility for Federal contracts.

    (a) Generally, a motor carrier rated ``unsatisfactory'' is 
prohibited from operating a CMV. Information on motor carriers, 
including their most current safety rating, is available from the FMCSA 
on the Internet at http://www.safersys.org, or by telephone at (800) 
832-5660.
    (1) Motor carriers transporting hazardous materials in quantities 
requiring placarding, and motor carriers transporting passengers in a 
CMV, are prohibited from operating a CMV in motor carrier operations in 
commerce beginning on the 46th day after the date of the FMCSA notice of 
proposed ``unsatisfactory'' rating.

[[Page 230]]

    (2) All other motor carriers rated as a result of reviews completed 
on or after November 20, 2000, are prohibited from operating a CMV in 
motor carrier operations in commerce beginning on the 61st day after the 
date of the FMCSA notice of proposed ``unsatisfactory'' rating. If FMCSA 
determines that the motor carrier is making a good-faith effort to 
improve its safety fitness, FMCSA may allow the motor carrier to operate 
for up to 60 additional days.
    (b) A Federal agency must not use a motor carrier that holds an 
``unsatisfactory'' rating to transport passengers in a CMV or to 
transport hazardous materials in quantities requiring placarding.
    (c) A Federal agency must not use a motor carrier for other CMV 
transportation if that carrier holds an ``unsatisfactory'' rating which 
became effective on or after January 22, 2001.
    (d) Penalties. (1) If a proposed ``unsatisfactory'' safety rating 
becomes final, FMCSA will issue an order placing out of service the 
motor carrier's operations in commerce. The out-of-service order shall 
apply both to the motor carrier's operations in interstate commerce and 
to its operations affecting interstate commerce.
    (2) If a motor carrier's intrastate operations are declared out of 
service by a State, FMCSA must issue an order placing out of service the 
carrier's operations in interstate commerce. The following conditions 
apply:
    (i) The State that issued the intrastate out-of-service order 
participates in the Motor Carrier Safety Assistance Program and uses the 
FMCSA safety rating methodology provided in this part; and
    (ii) The motor carrier has its principal place of business in the 
State that issued the out-of-service order.
    (iii) The order prohibiting the motor carrier from operating a CMV 
in interstate commerce shall remain in effect until the State determines 
that the carrier is fit.
    (3) Any motor carrier that operates CMVs in violation of this 
section is subject to the penalty provisions of 49 U.S.C. 521(b) and 
Appendix B to part 386 of the FMCSRs.

[65 FR 50934, Aug. 22, 2000, as amended at 72 FR 36788, July 5, 2007; 72 
FR 55700, Oct. 1, 2007]