§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
(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 Secs. 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:
(e)(1) Within 30 days for
motor carriers transporting passengers in CMVs or placardable
quantities of hazardous materials.
(e)(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 Sec. 385.13(a)(1) for motor carriers
transporting passengers or hazardous materials. If the motor carrier has
submitted evidence that corrective actions have been taken pursuant to this
section and the FMCSA cannot make a final determination within the 45-day
period, the period before the proposed safety rating becomes final may be
extended for up to 10 days at the discretion of the FMCSA.
(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 Secs. 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 Secs. 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 Sec.
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.
[56 FR 40806, Aug. 16, 1991; 62 FR 60043, November 6, 1997; 65 FR 50935,
Aug. 22, 2000; 72 FR 36789, July 5, 2007]