If the safety fitness of a carrier subject to a comprehensive investigation based on SMS scoring is determined to be satisfactory, but the carrier’s SMS scores continue to exceed intervention thresholds for either the HM BASIC or any two BASICs besides the HM BASIC for the preceding two consecutive months, the carrier may stay on the enhanced oversight list with a note in the company record stating the date and outcome of the comprehensive review, and a note that the carrier will not undergo another comprehensive review for a period of 24 months due to an enhanced oversight condition, but may be re-selected for other, serious conditions.  Also, the carrier could be subject to a focused review if their scores do not fall below the intervention thresholds during that time frame.

Last Updated : July 29, 2015

The Federal Register notice (Vol. 80, No.118, p. 35253) issued on June 19^th, 2015, states that a proposed suspension or revocation of a carrier’s HMSP under 385.421(a)(5) may be based on “serious instances of non-compliance.”

The FMCSA has authority to address patterns of safety violations by motor carriers that (1) indicate an imminent hazard, or (2) show that the carrier is not willing or able to comply with the regulations.  The term “serious instances of non-compliance” means that an enforcement action has been initiated against the carrier demonstrating that:

• An imminent hazard exists based upon evidence that  the motor carrier has demonstrated a disregard for, or refusal to comply with, safety regulations which, if not discontinued immediately, will likely result in serious injury or death;
• An imminent hazard exists within the definition of imminent hazard under the HM regulations in Part 109; and/or
• The carrier’s performance demonstrates that it is not willing or able to operate safely.

When agency action results in proposed or immediate suspension or revocation of the carrier’s ability to operate, the Agency will provide separate notice concerning the impact of this action on the carrier’s HMSP, with an opportunity to respond with an explanation or corrective action plan prior to their HMSP being suspended or revoked.

The inclusion of the term “serious instances of non-compliance” in the HMSP Federal Register notice is meant to provide notice to HMSP holders that implementation of the new process for continuously monitoring HMSPs under SMS does not limit FMCSA’s ability to take appropriate actions against a motor carrier based on the Agency’s current authority to address imminent hazards and carriers that fail to demonstrate that they are fit and willing to comply with the regulations and operate safely. The focus on “enhanced oversight” in the Federal Register Notice does not limit or restrict the agency’s ability to utilize all of its present authority to address serious and continuing violations of the Federal Motor Carrier Safety Regulations and/or the Federal Hazardous Materials Regulations.

Last Updated : July 29, 2015

The policy focuses specifically on the use of Safety Measurement System (SMS) data to continually monitor HMSP carrier performance and to determine when an HMSP carrier will be selected for intervention.

Last Updated : July 29, 2015

The administrative review process in section 385.423 still applies.  However, if the denial, suspension, or revocation is based on a proposed safety rating or final safety rating that is less than satisfactory, the carrier may request administrative review if it believes FMCSA has committed an error, as stated in §385.15.  Additionally, a motor carrier may request an administrative review based on the request for an upgrade of a proposed or final safety rating of conditional or unsatisfactory based on submission of corrective action as stated in §385.17.

For other conditions for suspension or revocation listed in section 385.421, HMSP carriers still have the right to administrative review under section 385.423.

Last Updated : July 29, 2015

a. Fully utilize the SMS as part of the HMSP monitoring and review process; and

b. Institute an ongoing requirement to conduct comprehensive investigations on HMSP motor carriers with insufficient data to utilize SMS.

Last Updated : July 29, 2015

For international shipments, the Level VI inspection must be performed on a highway route controlled quantity of radioactive materials before entering the United States. The Hazardous Materials Safety Permit program does not impose any new requirements in the area of performing Level VI inspections.

Last Updated : April 15, 2014

Hard copies of the MCS-150B are available through each FMCSA Division Office.

Downloadable versions of the MCS-150B are available on the FMCSA web site.

You can also register online.

Last Updated : April 14, 2014

Section 33014 of the Moving Ahead for Progress in the 21^st Century Act (MAP-21) required the Secretary of DOT to conduct a study of the HMSP program and identify actions that could be implemented to improve the program.  The Federal Motor Carrier Safety Administration (FMCSA) conducted that study and, in March 2014, reported back to Congress.  The policy is based on the FMCSA implementing two of the recommendations contained in the report.

Last Updated : July 29, 2015

There were several compelling reasons for the rulemaking. Congress passed a law (49 U.S.C. 5109) which required FMCSA to have a permit program. In addition, as part of a settlement agreement with safety organizations, FMCSA agreed to publish a permitting rule by the end of June, 2004.

FMCSA also recognizes that a HM permitting program would produce safety and security benefits. FMCSA estimates that the rule will prevent 7 crashes of the regulated materials per year, saving approximately $3.6 million annually. In addition, increased security from the permit program reduces the chance these materials could be used in a terrorist attack.

Last Updated : April 14, 2014