§ 385.13 Unsatisfactory rated motor carriers—prohibition on transportation of hazardous materials and passengers; ineligibility for Federal contracts.
Wording in the annual edition revised as of Oct. 1, 1998, superseded by the 2000 annual edition.
(a)(1) A motor carrier thatrated receivesunsatisfactory ais safetyprohibited rating from theoperating Federala Highwaycommercial Administrationmotor whichvehicle isto “unsatisfactory”transport—
(1) shallHazardous havematerials 45for calendarwhich daysvehicle fromplacarding theis effectiverequired datepursuant ofto thatpart rating172 orof fromchapter the1 date of noticethis oftitle; thator
(2) rating,More whicheverthan is15 laterpassengers, toincluding takethe such action as may be necessary to improve such safety rating to “conditional” or “satisfactorydriver.”
(2b) ProhibitionA onmotor transportation.carrier Aftersubject to the lastprovisions day of the 45-day period established pursuant to paragraph (a)(1) of this section and until notification is issuedineligible pursuant to thiscontract part of either a “conditional” or “satisfactory”subcontract safetywith rating,any aFederal motoragency carrierfor ratedtransportation “unsatisfactory”of shallthe beproperty prohibitedor frompassengers operatingreferred ato commercialin motorparagraphs vehicle to transport—(ia)(1) Hazardousand materials for which vehicle placarding is required pursuant to this title; or(iia)(2) Moreof thanthis 15 passengers, including the driversection.
(3c) IneligibilityPenalties. forWhen Federala Governmentcarrier transportation.subject Anyto motorthe carrierprohibitions thatin receivesparagraph (a) safety rating of “unsatisfactory”this shallsection beis ineligibleknown to contracttransport or subcontract with any Federal agency for the transportationproperty of—or
(i)Hazardouspassengers materialsreferred forto whichtherein, vehiclean placardingorder iswill requiredbe pursuantissued toplacing thisthose title;operations orout
(ii)Moreof than 15 passengers, including the driverservice.
(b)Penalties. Any motor carrier that operates commercial motor vehicles in violation of this section will be subject to the penalty provisions oflisted 49in U.S.C.part App.386 1809of andthis 49 Uchapter.S.C. 521.
[5662 FR 4080660042, AugNov. 166, 19911997]
(a) A motor carrier rated unsatisfactory is prohibited from operating a commercial motor vehicle to transport—
(1) Hazardous materials for which vehicle placarding is required pursuant to part 172 of chapter 1 of this title; or
(2) More than 15 passengers, including the driver.
(b) A motor carrier subject to the provisions of paragraph (a) of this section is ineligible to contract or subcontract with any Federal agency for transportation of the property or passengers referred to in paragraphs (a)(1) and (a)(2) of this section.
(c) Penalties. When a carrier subject to the prohibitions in paragraph (a) of this section is known to transport the property or passengers referred to therein, an order will be issued placing those operations out of service. Any motor carrier that operates commercial motor vehicles in violation of this section will be subject to the penalty provisions listed in part 386 of this chapter.
[62 FR 60042, Nov. 6, 1997]
Amendment history
9 distinct wordings on file since Oct. 1, 1996- [65 FR 50934, Aug. 22, 2000, as amended at 72 FR 36788, July 5, 2007; 72 FR 55700, Oct. 1, 2007; 75 FR 17241, Apr. 5, 2010; 77 FR 28450, 28454, May 14, 2012; 84 FR 51432, Sept. 30, 2019]
- [65 FR 50934, Aug. 22, 2000, as amended at 72 FR 36788, July 5, 2007; 72 FR 55700, Oct. 1, 2007; 75 FR 17241, Apr. 5, 2010; 77 FR 28450, 28454, May 14, 2012]
- [65 FR 50934, Aug. 22, 2000, as amended at 72 FR 36788, July 5, 2007; 72 FR 55700, Oct. 1, 2007; 75 FR 17241, Apr. 5, 2010; 77 FR 28454, May 14, 2012]
- [65 FR 50934, Aug. 22, 2000, as amended at 72 FR 36788, July 5, 2007; 72 FR 55700, Oct. 1, 2007; 75 FR 17241, Apr. 5, 2010]
- [65 FR 50934, Aug. 22, 2000, as amended at 72 FR 36788, July 5, 2007; 72 FR 55700, Oct. 1, 2007; 75 FR 17241, Apr. 5, 2010]
- [65 FR 50934, Aug. 22, 2000, as amended at 72 FR 36788, July 5, 2007; 72 FR 55700, Oct. 1, 2007]
- [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.