[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: 49CFR385.409]

[Page 243]
 
                        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.