§ 385.11 Notification of safety fitness determination.
Wording in the annual edition revised as of Oct. 1, 2000, superseded by the 2010 annual edition.
(a) ExceptThe asFMCSA providedwill elsewhereprovide ina thismotor section,carrier written notificationnotice of theany safety rating willresulting befrom provided to a motorcompliance carrierreview as soon as practicable after assignment of the rating, but not later than 30 days after the review. thatThe producednotice will take the rating.form
(b)Beforeof a safetyletter ratingissued from the FMCSA's headquarters office and will include a list of unsatisfactoryFMCSR orand conditional,HMR iscompliance assigneddeficiencies towhich anythe motor carrier, themust FHWAcorrect.
(b) willIf issuethe asafety noticerating ofis proposed“satisfactory” safetyor rating. Theimproves noticea ofprevious proposed“unsatisfactory” safety rating, willit listis thefinal deficienciesand discoveredbecomes duringeffective on the reviewdate of the motornotice.
(c) carrier'sIn operations,all forother whichcases, correctivea actionsnotice mustof bea taken. A proposed conditional safety rating (whichwill isbe anissued. improvementIt ofbecomes anthe existingfinal unsatisfactory safety rating) becomesafter effectivethe asfollowing soontime asperiods:
(1) itFor issuedmotor fromcarriers Washington,transporting D.C.,hazardous andmaterials thein carrierquantities mayrequiring alsoplacarding availor itselftransporting ofpassengers reliefby underCMV—45 days after the §date 385of the notice.15,
(2) AdministrativeFor Reviewall andother §motor 385.17,carriers Changeoperating toCMVs—60 safetydays ratingafter basedthe ondate correctiveof actionsthe notice.
(cd) A notice of a proposed safety rating of “unsatisfactory” willis indicatea that,notice ifto the unsatisfactorymotor ratingcarrier becomesthat final,the FMCSA has made a preliminary determination that the motor carrier willis be“unfit” subject to thecontinue provisionsoperating ofin §interstate 385.13commerce, whichand prohibitthat motorthe carriersprohibitions ratedin unsatisfactory§ 385.13 fromwill transportingbe hazardousimposed materialsafter 45 or passengers,60 anddays otherif consequencesnecessary thatsafety mayimprovements resultare fromnot such ratingmade.
(de) ExceptA asmotor providedcarrier inmay §request 385.17,the FMCSA to perform an administrative review of a proposed or final safety rating. issuedThe pursuantprocess toand paragraphthe (b)time oflimits thisare sectiondescribed willin become§ 385.15.
(f) theA motor carrier's finalmay safetyrequest ratinga 45change daysto aftera theproposed dateor thefinal noticesafety ofrating proposedbased safetyupon ratingits iscorrective receivedactions. byThe process and the motortime carrierlimits are described in § 385.17.
[6265 FR 6004250934, NovAug. 622, 19972000]
(a) The FMCSA will provide a motor carrier written notice of any safety rating resulting from a compliance review as soon as practicable, but not later than 30 days after the review. The notice will take the form of a letter issued from the FMCSA's headquarters office and will include a list of FMCSR and HMR compliance deficiencies which the motor carrier must correct.
(b) If the safety rating is “satisfactory” or improves a previous “unsatisfactory” safety rating, it is final and becomes effective on the date of the notice.
(c) In all other cases, a notice of a proposed safety rating will be issued. It becomes the final safety rating after the following time periods:
(1) For motor carriers transporting hazardous materials in quantities requiring placarding or transporting passengers by CMV—45 days after the date of the notice.
(2) For all other motor carriers operating CMVs—60 days after the date of the notice.
(d) A proposed safety rating of “unsatisfactory” is a notice to the motor carrier that the FMCSA has made a preliminary determination that the motor carrier is “unfit” to continue operating in interstate commerce, and that the prohibitions in § 385.13 will be imposed after 45 or 60 days if necessary safety improvements are not made.
(e) A motor carrier may request the FMCSA to perform an administrative review of a proposed or final safety rating. The process and the time limits are described in § 385.15.
(f) A motor carrier may request a change to a proposed or final safety rating based upon its corrective actions. The process and the time limits are described in § 385.17.
[65 FR 50934, Aug. 22, 2000]
Amendment history
5 distinct wordings on file since Oct. 1, 1996- [65 FR 50934, Aug. 22, 2000, as amended at 75 FR 17241, Apr. 5, 2010; 77 FR 28450, May 14, 2012]
- [65 FR 50934, Aug. 22, 2000, as amended at 75 FR 17241, Apr. 5, 2010]
- [65 FR 50934, Aug. 22, 2000]
- [62 FR 60042, Nov. 6, 1997]
- Oct. 1, 1996 → Oct. 1, 1998annual edition 1996[56 FR 40806, Aug. 16, 1991]
A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.