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Current rule: Passenger (16+) and carriers of hazardous materials in quantities requiring placarding (HM) that operate in interstate commerce. New rule: Passenger (16+), HM, and all other motor carriers operating in interstate commerce. A motor carrier of non-HM freight received a final unsatisfactory safety rating before the effective date of the new rule. Does this new rule apply? No -- but if the FMCSA were to perform a follow-up CR on or after the effective date of the final rule, and the motor carrier would receive another unsatisfactory safety rating, the rule would apply. A motor carrier receives a proposed unsatisfactory safety rating for the non-HM part of its operations. Does this affect all of its operations? Yes - the safety rating, and its consequences, apply to the motor carrier as a whole. If a motor carrier receives a proposed unsatisfactory rating, and does not improve, when must it cease operations? Current rule: On 46th day after the proposed "unsatisfactory" safety rating (P, HM) New rule: On 46th day (P, HM); on 61st day (all others). FMCSA can extend up to an additional 60 days (but not for P, HM motor carriers) What motor carriers can FMCSA allow an additional 60 days before a proposed unsatisfactory rating becomes final? The FMCSA may allow unsatisfactory-rated motor carriers that do not transport passengers or HM to operate for an additional 60 days. The agency may do this, if it determines the motor carrier is making a good faith effort to improve its safety fitness. The FMCSA may make the determination at the end of the initial 60-day period or any extensions of that period. The total period cannot exceed 120 days. When do the 45 and 60-day periods start? Current rule: On the day following the compliance review (CR) that produced a rating. New rule: When the FMCSA's Washington, DC HQ office issues a letter. We will do this as soon as practicable, but not later than 30 days after the CR. When must the FMCSA perform follow-up compliance reviews? Current rule: Within 30 days of a carrier's request (unsatisfactory-rated P, HM carriers) New rule: Within 30 days of a carrier's request (unsatisfactory-rated P, HM carriers); within 45 days after a carrier's request (all other). What if the FMCSA cannot make its determination within 45 days? Current and new rules: the agency may conditionally suspend any 'unsatisfactory' safety rating and rescind any related administrative order for up to 10 additional calendar days. What FMCSA office can suspend a rating [for up to 10 days]? The FMCSA Service Center for the appropriate geographic area. Will the FMCSA still perform administrative and corrective-action reviews? Yes. The FMCSA will continue to perform administrative reviews (§ 385.15) and corrective-action reviews (§ 385.17) for motor carriers with a proposed conditional or unsatisfactory safety rating. However, the FMCSA will give priority to: (1) motor carriers with new proposed unsatisfactory ratings, and (2) motor carriers of non-HM freight, that held an unsatisfactory safety rating issued prior to the effective date of a final rule, and that received a follow-up proposed unsatisfactory rating on or after the effective date of a final rule. Can federal government agencies use unsatisfactory rated motor carriers? Current rule: They must not use motor carriers with an unsatisfactory safety rating to transport passengers or HM in interstate commerce. New rule: Federal agencies would now be prohibited from using carriers of non-HM freight receiving a final unsatisfactory safety rating issued on or after the effective date of the rule. They would continue to be prohibited from using these motor carriers to transport P, HM. Some in the trucking industry maintain DOT misinterpreted the section of TEA-21 in drawing an equivalence between a declaration of unfitness and an unsatisfactory safety rating. What is DOT's response? Both the Motor Carrier Safety Act of 1990 (MCSA) and Section 4009 of TEA-21 focused on Section 31144 of Title 49 of the United States Code. The similarity between the current 49 U.S.C. 31144 and the previous 49 U.S.C. 31144 convinces the FMCSA that Congress intended section 4009 apply the principles of section 15(b) of the MCSA to the entire range of motor carriers that operate CMVs in interstate commerce. The FMCSA's use of an unsatisfactory rating assigned under the Safety Fitness Rating Methodology (SFRM) is in line with that of section 15(b) of the MCSA of 1990. There is nothing in the legislative history of section 4009 of TEA-21 that suggests the FMCSA should implement a different approach. The only difference mandated by section 4009 is that carriers of general freight would have 60 days after the agency makes a determination of "unfitness," and passenger and HM carriers have 45 days, in which to improve the safety of their operations or cease operating in interstate commerce. Why has DOT issued this rule without first revising its safety fitness rating system? The MCSA explicitly referred to the three-part rating scheme used by the FHWA (satisfactory, conditional, unsatisfactory). It directed the agency to prohibit unsatisfactory rated motor carriers from transporting passengers and HM after the 45 day period. Because of the parallels between the MCSA and sec. 4009 of TEA-21, the FMCSA concluded that section 4009 authorizes (but does not require) the FMCSA to continue using its current safety fitness rating standards and methodology. What is DOT doing to change the current rating system? What is the status of work? The agency has rulemaking in progress on this issue. The NPRM draft is under internal Departmental review. What makes this rule performance-based? The FMCSA tracks, among other things, motor carriers' Part-390-recordable accidents, as well as safety violations found and CMVs placed out-of-service at roadside. Therefore, the quality of a motor carrier's safety performance -- or, more specifically, events indicating negative safety -- is one of the key things that can indicate to the FMCSA that a compliance review is in order. When may a motor carrier request a review from the FMCSA? A motor carrier may request a review because: 1. It has taken action to correct the deficiencies that resulted in a proposed or final rating of "conditional" or "unsatisfactory." 2. It believes the FMCSA has made an error in assigning a proposed or final safety rating. How will the FMCSA respond to requests for review of ratings? A motor carrier must make this request in writing to the FMCSA Service Center for the geographic area where the carrier maintains its principal place of business. The FMCSA will perform reviews of requests made by motor carriers with a proposed or final "unsatisfactory" safety rating: within 30 days for motor carriers transporting passengers or placardable quantities of hazardous materials, and within 45 days for all other motor carriers. The FMCSA will inform the motor carrier, in writing, of its findings -- whether or not the carrier has taken all the corrective actions required, and whether or not its operations now meet the safety standards and factors specified in §§ 385.5 and 385.7. If a motor carrier
whose request for rating change is denied, it may request the
FMCSA for an administrative review. The motor carrier must make
the request within 90 days of the denial of the rating change
request. However, if a proposed rating has become final, it remains
in effect while the administrative review is in process.
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