[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: 49CFR385.7]

[Page 228-229]
 
                        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 during roadside inspections of motor carrier operations in 
commerce and, if the motor carrier operates in the United States, of 
operations in Canada and Mexico.
    (d) Number and frequency of out-of-service driver/vehicle violations 
of motor carrier operations in commerce and, if the motor carrier 
operates in the United States, of operations in Canada and Mexico.

[[Page 229]]

    (e) Increase or decrease in similar types of regulatory violations 
discovered during safety or compliance reviews.
    (f) For motor carrier operations in commerce and (if the motor 
carrier operates in the United States) in Canada and Mexico: Frequency 
of accidents; hazardous materials incidents; accident rate per million 
miles; indicators of preventable accidents; and whether such accidents, 
hazardous materials incidents, and preventable accident indicators have 
increased or declined over time.
    (g) Number and severity of violations of CMV and motor carrier 
safety rules, regulations, standards, and orders that are both issued by 
a State, Canada, or Mexico and compatible with Federal rules, 
regulations, standards, and orders.

[53 FR 50968, Dec. 19, 1988, as amended at 58 FR 33776, June 21, 1993; 
72 FR 36788, July 5, 2007]