§ 385.13 Unsatisfactory rated motor carriers; prohibition on transportation; ineligibility for Federal contracts.
Wording in the annual edition revised as of Oct. 1, 2000, superseded by the 2007 annual edition.
(a) AGenerally, a motor carrier rated “unsatisfactory” is prohibited from operating a commercialCMV. Information on motor vehiclecarriers, toincluding transport—their most current safety rating, is available from the FMCSA on the Internet at http://www.safersys.org, or by telephone at (800) 832-5660.
(1) HazardousMotor carriers transporting hazardous materials forin whichquantities vehiclerequiring placarding, isand requiredmotor pursuantcarriers totransporting partpassengers 172in a CMV, are prohibited from operating a CMV beginning on the 46th day after the date of chapterthe 1FMCSA's notice of thisproposed title;“unsatisfactory” orrating.
(2) MoreAll thanother 15motor passengerscarriers rated from reviews completed on or after November 20, including2000 are prohibited from operating a CMV beginning on the driver61st day after the date of the FMCSA's notice of proposed “unsatisfactory” rating.
(b)AIf the FMCSA determines the motor carrier subjectis making a good-faith effort to theimprove provisionsits ofsafety paragraphfitness, (a)the ofFMCSA thismay sectionallow isthe ineligiblemotor carrier to contractoperate orfor subcontractup withto any60 additional days.
(b) A Federal agency formust transportationnot ofuse thea propertymotor orcarrier passengersthat referredholds an “unsatisfactory” rating to intransport paragraphspassengers (in a)(1) andCMV (a)(2)or ofto thistransport sectionhazardous materials in quantities requiring placarding.
(c) Penalties.A WhenFederal agency must not use a motor carrier subjectfor toother theCMV prohibitionstransportation inif paragraphthat (a)carrier ofholds thisan section“unsatisfactory” israting knownwhich tobecame transporteffective theon property or passengersafter referredJanuary to22, therein2001.
(d) Penalties. If a proposed “unsatisfactory” safety rating becomes final, anthe orderFMCSA will beissue issuedan order placing thoseits interstate operations out of service. Any motor carrier that operates commercialCMVs motor vehicles in violation of this section will be subject to the penalty provisions listed in part49 386U.S.C. of this chapter521(b).
[6265 FR 6004250934, NovAug. 622, 19972000]
(a) Generally, a motor carrier rated “unsatisfactory” is prohibited from operating a CMV. Information on motor carriers, including their most current safety rating, is available from the FMCSA on the Internet at http://www.safersys.org, or by telephone at (800) 832-5660.
(1) Motor carriers transporting hazardous materials in quantities requiring placarding, and motor carriers transporting passengers in a CMV, are prohibited from operating a CMV beginning on the 46th day after the date of the FMCSA's notice of proposed “unsatisfactory” rating.
(2) All other motor carriers rated from reviews completed on or after November 20, 2000 are prohibited from operating a CMV beginning on the 61st day after the date of the FMCSA's notice of proposed “unsatisfactory” rating. If the FMCSA determines the motor carrier is making a good-faith effort to improve its safety fitness, the FMCSA may allow the motor carrier to operate for up to 60 additional days.
(b) A Federal agency must not use a motor carrier that holds an “unsatisfactory” rating to transport passengers in a CMV or to transport hazardous materials in quantities requiring placarding.
(c) A Federal agency must not use a motor carrier for other CMV transportation if that carrier holds an “unsatisfactory” rating which became effective on or after January 22, 2001.
(d) Penalties. If a proposed “unsatisfactory” safety rating becomes final, the FMCSA will issue an order placing its interstate operations out of service. Any motor carrier that operates CMVs in violation of this section will be subject to the penalty provisions listed in 49 U.S.C. 521(b).
[65 FR 50934, Aug. 22, 2000]
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.