§ 385.11 Notification of safety fitness determination.
Current wording, in the annual edition revised as of Oct. 1, 2012.
(a) The FHWAFMCSA shallwill provide a motor carrier written notificationnotice toof any safety rating resulting from a compliance review as soon as practicable, but not later than 30 days after the motorreview. carrierThe notice will take the form of a letter issued from the assignedFMCSA's safetyheadquarters ratingoffice and will include a list of FMCSR and HMR compliance deficiencies which the motor carrier must correct.
(b) NotificationIf ofthe asafety rating is “conditionalsatisfactory” or improves a previous “unsatisfactory” safety rating, willit includeis afinal listand becomes effective on the date of thosethe itemsnotice.
(c) forIn whichall immediateother correctivecases, actiona mustnotice of a proposed safety rating will be takenissued. It becomes the final safety rating after the following time periods:
(c1) AFor notificationmotor carriers transporting hazardous materials in quantities requiring placarding or transporting passengers by CMV—45 days after the date of anthe “unsatisfactory”notice.
(2) For all other motor carriers operating CMVs—60 days after the date of the notice.
(d) A proposed safety rating willof also“unsatisfactory” includeis a notice thatto the motor carrier willthat bethe subjectFMCSA has made a preliminary determination that the motor carrier is “unfit” to continue operating in interstate commerce, and that the provisionsprohibitions ofin § 385.13, whichwill prohibitbe motorimposed carriersafter rated45 “unsatisfactory”or from60 transporting:days if necessary safety improvements are not made.
(1e) HazardousA materialsmotor requiringcarrier placardingmay underrequest partthe 172,FMCSA subpartto F,perform an administrative review of thisa title;proposed or final safety rating. The process and the time limits are described in § 385.15.
(2f) 15A motor carrier may request a change to a proposed or morefinal passengers,safety includingrating based upon its corrective actions. The process and the drivertime limits are described in § 385.17.
[5665 FR 4080650934, Aug. 1622, 19912000, as amended at 75 FR 17241, Apr. 5, 2010; 77 FR 28450, May 14, 2012]
(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, as amended at 75 FR 17241, Apr. 5, 2010; 77 FR 28450, May 14, 2012]
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. Set a case date in the header to read any earlier wording.