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  • § 385.1
    Purpose and scope.
  • § 385.3
    Definitions and acronyms.
  • § 385.4
    Matter incorporated by reference.
  • § 385.5
    Safety fitness standard.
  • § 385.7
    Factors to be considered in determining a safety rating.
  • § 385.9
    Determination of a safety rating.
  • § 385.11
    Notification of safety fitness determination.
  • § 385.13
    Unsatisfactory rated motor carriers; prohibition on transportation; ineligibility for Federal contracts.
  • § 385.14
    Motor carriers, brokers, and freight forwarders delinquent in paying civil penalties: prohibition on transportation.
  • § 385.15
    Administrative review.
  • § 385.17
    Change to safety rating based upon corrective actions.
  • § 385.19
    Safety fitness information.
  • § 385.101
    Definitions
  • § 385.103
    Safety monitoring system.
  • § 385.105
    Expedited action.
  • § 385.107
    The safety audit.
  • § 385.109
    The compliance review.
  • § 385.111
    Suspension and revocation of Mexico-domiciled carrier registration.
  • § 385.113
    Administrative review.
  • § 385.115
    Reapplying for provisional registration.
  • § 385.117
    Duration of safety monitoring system.
  • § 385.119
    Applicability of safety fitness and enforcement procedures.
  • § 385.201
    Who is qualified to perform a review of a motor carrier or an intermodal equipment provider?
  • § 385.203
    What are the requirements to obtain and maintain certification?
  • § 385.205
    How can a person who has lost his or her certification be re-certified?
  • § 385.301
    What is a motor carrier required to do before beginning interstate operations?
  • § 385.303
    How does a motor carrier register with the FMCSA?
  • § 385.305
    What happens after the FMCSA receives a request for new entrant registration?
  • § 385.306
    What are the consequences of furnishing misleading information or making a false statement in connection with the registration process?
  • § 385.307
    What happens after a motor carrier begins operations as a new entrant?
  • § 385.308
    What may cause an expedited action?
  • § 385.309
    What is the purpose of the safety audit?
  • § 385.311
    What will the safety audit consist of?
  • § 385.313
    Who will conduct the safety audit?
  • § 385.315
    Where will the safety audit be conducted?
  • § 385.317
    Will a safety audit result in a safety fitness determination by the FMCSA?
  • § 385.319
    What happens after completion of the safety audit?
  • § 385.321
    What failures of safety management practices disclosed by the safety audit will result in a notice to a new entrant that its USDOT new entrant registration will be revoked?
  • § 385.323
    May FMCSA extend the period under § 385.319(c) for a new entrant to take corrective action to remedy its safety management practices?
  • § 385.325
    What happens after a new entrant has been notified under § 385.319(c) to take corrective action to remedy its safety management practices?
  • § 385.327
    May a new entrant request an administrative review of a determination of a failed safety audit?
  • § 385.329
    May a new entrant that has had its USDOT new entrant registration revoked and its operations placed out of service reapply?
  • § 385.331
    What happens if a new entrant operates a CMV after having been issued an order placing its interstate operations out of service?
  • § 385.333
    What happens at the end of the 18-month safety monitoring period?
  • § 385.335
    If the FMCSA conducts a compliance review on a new entrant, will the new entrant also be subject to a safety audit?
  • § 385.337
    What happens if a new entrant refuses to permit a safety audit to be performed on its operations?
  • § 385.401
    What is the purpose and scope of this subpart?
  • § 385.402
    What definitions are used in this subpart?
  • § 385.403
    Who must hold a safety permit?
  • § 385.405
    How does a motor carrier apply for a safety permit?
  • § 385.407
    What conditions must a motor carrier satisfy for FMCSA to issue a safety permit?
  • § 385.409
    When may a temporary safety permit be issued to a motor carrier?
  • § 385.411
    Must a motor carrier obtain a safety permit if it has a State permit?
  • § 385.413
    What happens if a motor carrier receives a proposed safety rating that is less than Satisfactory?
  • § 385.415
    What operational requirements apply to the transportation of a hazardous material for which a permit is required?
  • § 385.417
    Is a motor carrier's safety permit number available to others?
  • § 385.419
    How long is a safety permit effective?
  • § 385.421
    Under what circumstances will a safety permit be subject to revocation or suspension by FMCSA?
  • § 385.423
    Does a motor carrier have a right to an administrative review of a denial, suspension, or revocation of a safety permit?
  • § 385.501
    Roadability review.
  • § 385.503
    Results of roadability review.
  • § 385.601
    Scope of rules.
  • § 385.603
    Application.
  • § 385.605
    New entrant registration driver's license and drug and alcohol testing requirements.
  • § 385.607
    FMCSA action on the application.
  • § 385.609
    Requirement to notify FMCSA of change in applicant information.
  • § 385.701
    Definitions.
  • § 385.703
    Safety monitoring system.
  • § 385.705
    Expedited action.
  • § 385.707
    The compliance review.
  • § 385.709
    Suspension and revocation of non-North America-domiciled carrier registration.
  • § 385.711
    Administrative review.
  • § 385.713
    Reapplying for new entrant registration.
  • § 385.715
    Duration of safety monitoring system.
  • § 385.717
    Applicability of safety fitness and enforcement procedures.
  • § 385.901
    Applicability.
  • § 385.903
    Definitions.
  • § 385.905
    Suspension or revocation of registration.
  • § 385.907
    Regulatory noncompliance.
  • § 385.909
    Pattern or practice.
  • § 385.911
    Suspension proceedings.
  • § 385.913
    Revocation proceedings.
  • § 385.915
    Petitions for rescission.
  • § 385.917
    Other orders unaffected; not exclusive remedy.
  • § 385.919
    Penalties.
  • § 385.921
    Service and computation of time.
  • § 385.1001
    Applicability.
  • § 385.1003
    Definitions.
  • § 385.1005
    Prohibition.
  • § 385.1007
    Determination of violation.
  • § 385.1009
    Suspension proceedings.
  • § 385.1011
    Revocation proceedings.
  • § 385.1013
    Petitions for rescission.
  • § 385.1015
    Other orders unaffected; not exclusive remedy.
  • § 385.1017
    Penalties.
  • § 385.1019
    Service and computation of time.
  • Appendix A to Part 385
    Explanation of Safety Audit Evaluation Criteria
  • Appendix B to Part 385
    Explanation of Safety Rating Process

Part 385
SAFETY FITNESS PROCEDURES

§ 385.17: Change to safety rating based upon corrective actions.

(a) A motor carrier that has taken action to correct the deficiencies that resulted in a proposed or final rating of “conditional” or “unsatisfactory” may request a rating change at any time.
(b) 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 addresses and geographical boundaries of the Service Centers are listed in § 390.27 of this chapter.
(c) The motor carrier must base its request upon evidence that it has taken corrective actions and that its operations currently meet the safety standard and factors specified in §§ 385.5 and 385.7. The request must include a written description of corrective actions taken, and other documentation the carrier wishes the FMCSA to consider.
(d) The FMCSA will make a final determination on the request for change based upon the documentation the motor carrier submits, and any additional relevant information.
(e) The FMCSA will perform reviews of requests made by motor carriers with a proposed or final “unsatisfactory” safety rating in the following time periods after the motor carrier's request:
(1) Within 30 days for motor carriers transporting passengers in CMVs or placardable quantities of hazardous materials.
(2) Within 45 days for all other motor carriers.
(f) The filing of a request for change to a proposed or final safety rating under this section does not stay the 45-day period specified in § 385.13(a)(1) for motor carriers transporting passengers or hazardous materials in quantities requiring placarding.
(g) FMCSA may allow a motor carrier (except a motor carrier transporting passengers or a motor carrier transporting hazardous materials in quantities requiring placarding) with a proposed rating of “unsatisfactory” to continue its motor carrier operations in commerce for up to 60 days beyond the 60 days specified in the proposed rating, if FMCSA determines that the motor carrier is making a good faith effort to improve its safety status. This additional period would begin on the 61st day after the date of the notice of proposed “unsatisfactory” rating.
(h) If the FMCSA determines that the motor carrier has taken the corrective actions required and that its operations currently meet the safety standard and factors specified in §§ 385.5 and 385.7, the agency will notify the motor carrier in writing of its upgraded safety rating.
(i) If the FMCSA determines that the motor carrier has not taken all the corrective actions required, or that its operations still fail to meet the safety standard and factors specified in §§ 385.5 and 385.7, the agency will notify the motor carrier in writing.
(j) Any motor carrier whose request for change is denied in accordance with paragraph (i) of this section may request administrative review under the procedures of § 385.15. The motor carrier must make the request within 90 days of the denial of the request for a rating change. If the proposed rating has become final, it shall remain in effect during the period of any administrative review.

Citation: [65 FR 50935, Aug. 22, 2000, as amended at 72 FR 36788, July 5, 2007; 75 FR 17241, Apr. 5, 2010; 77 FR 28450, May 14, 2012; 77 FR 64762, Oct. 23, 2012]