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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

§ 385.3: Definitions and acronyms.

Applicable safety regulations or requirements means 49 CFR chapter III, subchapter B—Federal Motor Carrier Safety Regulations or, if the carrier is an intrastate motor carrier subject to the hazardous materials safety permit requirements in subpart E of this part, the equivalent State standards; and 49 CFR chapter I, subchapter C—Hazardous Materials Regulations.
CMV means a commercial motor vehicle as defined in § 390.5 of this subchapter.
Commercial motor vehicle shall have the same meaning as described in § 390.5 of this subchapter, except that this definition will also apply to intrastate motor vehicles subject to the hazardous materials safety permit requirements of subpart E of this part.
FMCSA means the Federal Motor Carrier Safety Administration.
FMCSRs mean Federal Motor Carrier Safety Regulations (49 CFR parts 350-399).
HMRs means the Hazardous Materials Regulations (49 CFR parts 100-178).
Motor carrier operations in commerce means commercial motor vehicle transportation operations either—
(1) In interstate commerce, or
(2) Affecting interstate commerce.
New entrant is a motor carrier not domiciled in Mexico that applies for a United States Department of Transportation (DOT) identification number in order to initiate operations in interstate commerce.
New entrant registration is the registration (US DOT number) granted a new entrant before it can begin interstate operations in an 18-month monitoring period. A safety audit must be performed on a new entrant's operations within 12 months after receipt of its US DOT number for motor carriers of property and 120 days for motor carriers of passengers, and it must be found to have adequate basic safety management controls to continue operating in interstate commerce at the end of the 18-month period.
PHMSA means Pipeline and Hazardous Materials Safety Administration.
Preventable accident on the part of a motor carrier means an accident (1) that involved a commercial motor vehicle, and (2) that could have been averted but for an act, or failure to act, by the motor carrier or the driver.
Reviews. For the purposes of this part:
(1) Compliance review means an on-site examination of motor carrier operations, such as drivers' hours of service, maintenance and inspection, driver qualification, commercial drivers license requirements, financial responsibility, accidents, hazardous materials, and other safety and transportation records to determine whether a motor carrier meets the safety fitness standard. A compliance review may be conducted in response to a request to change a safety rating, to investigate potential violations of safety regulations by motor carriers, or to investigate complaints or other evidence of safety violations. The compliance review may result in the initiation of an enforcement action.
(2) Safety audit means an examination of a motor carrier's operations to provide educational and technical assistance on safety and the operational requirements of the FMCSRs and applicable HMRs and to gather critical safety data needed to make an assessment of the carrier's safety performance and basic safety management controls. Safety audits do not result in safety ratings.
(3) Safety management controls means the systems, policies programs, practices, and procedures used by a motor carrier to ensure compliance with applicable safety and hazardous materials regulations which ensure the safe movement of products and passengers through the transportation system, and to reduce the risk of highway accidents and hazardous materials incidents resulting in fatalities, injuries, and property damage.
(4) Roadability review means an on-site examination of the intermodal equipment provider's compliance with the applicable FMCSRs.
Safety ratings. (1) Satisfactory safety rating means that a motor carrier has in place and functioning adequate safety management controls to meet the safety fitness standard prescribed in § 385.5. Safety management controls are adequate if they are appropriate for the size and type of operation of the particular motor carrier.
(2) Conditional safety rating means a motor carrier does not have adequate safety management controls in place to ensure compliance with the safety fitness standard that could result in occurrences listed in § 385.5 (a) through (k).
(3) Unsatisfactory safety rating means a motor carrier does not have adequate safety management controls in place to ensure compliance with the safety fitness standard which has resulted in occurrences listed in § 385.5 (a) through (k).
(4) Unrated carrier means that a safety rating has not been assigned to the motor carrier by the FMCSA.

Citation:

[53 FR 50968, Dec. 19, 1988, as amended at 56 FR 40805, Aug. 16, 1991; 62 FR 60042, Nov. 6, 1997; 67 FR 12779, Mar. 19, 2002; 67 FR 31983, May 13, 2002; 69 FR 39367, June 30, 2004; 72 FR 36788, July 5, 2007; 73 FR 76818, Dec. 17, 2008; 75 FR 17240, Apr. 5, 2010; 77 FR 28450, May 14, 2012; 78 FR 58481, Sept. 24, 2013; 78 FR 60232, Oct. 1, 2013]


Disclaimer:

Although we make every effort to assure that the information we provide is complete and accurate, it is not intended to take the place of published agency regulations. Regulations issued by the U.S. Department of Transportation and its Operating Administrations are published in the Federal Register and compiled in the U.S. Code of Federal Regulations (CFR). Copies of appropriate volumes of the CFR in book format may be purchased from the Superintendent of Documents, U.S. Government Printing Office, or examined at many libraries.

The CFR may also be viewed online at http://ECFR.gpoaccess.gov.