§ 385.13 Unsatisfactory rated motor carriers; prohibition on transportation; ineligibility for Federal contracts.

(a)(1) AGenerally, a motor carrier thatrated receives“unsatisfactory” is prohibited from operating a CMV. Information on motor carriers, including their most current safety rating, is available from the FederalFMCSA HighwaySafety Administrationand whichFitness isElectronic “unsatisfactory”Records shallSystem havewebsite 45at calendarhttps://safer.fmcsa.dot.gov, daysor 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 in motor carrier operations in commerce beginning on the effective46th day after the date of thatthe FMCSA notice of proposed “unsatisfactory” rating.
(2) orAll other motor carriers rated as a result of reviews are prohibited from operating a CMV in motor carrier operations in commerce beginning on the 61st day after the date of the FMCSA notice of thatproposed “unsatisfactory” rating,. whicheverIf isFMCSA later,determines tothat takethe suchmotor actioncarrier asis maymaking bea necessarygood-faith effort to improve suchits safety ratingfitness, FMCSA may allow the motor carrier to “conditional”operate orfor “satisfactoryup to 60 additional days.”
(2b) ProhibitionA onFederal transportation.agency Aftermust thenot lastuse daya ofmotor thecarrier 45-daythat periodholds establishedan pursuant“unsatisfactory” rating to paragraphtransport (passengers in a) CMV or to transport hazardous materials in quantities requiring placarding.
(1c) ofA thisFederal sectionagency andmust untilnot notificationuse isa issuedmotor pursuantcarrier tofor thisother partCMV oftransportation eitherif athat carrier holds an “conditionalunsatisfactory” orrating.
(d) Penalties. (1) If a proposed “satisfactoryunsatisfactory” safety rating becomes final, aFMCSA will issue an order placing out of service the motor carrier's ratedoperations “unsatisfactory”in shallcommerce. beThe prohibitedout-of-service fromorder operatingshall aapply commercialboth to the motor vehiclecarrier's operations in interstate commerce and to transport—its operations affecting interstate commerce.
(i2) HazardousIf materialsa formotor whichcarrier's vehicleintrastate placardingoperations isare requireddeclared pursuantout toof thisservice title;by or
(ii)a MoreState, thanFMCSA 15must passengers,issue includingan order placing out of service the drivercarrier's operations in interstate commerce. The following conditions apply:
(3i) IneligibilityThe forState Federalthat Governmentissued transportation.the Anyintrastate motorout-of-service carrierorder thatparticipates receivesin athe Motor Carrier Safety Assistance Program and uses the FMCSA safety rating ofmethodology “unsatisfactory”provided shallin bethis ineligiblepart; toand
(ii) contractThe ormotor subcontractcarrier withhas anyits Federalprincipal agencyplace forof business in the transportationState that issued the out-of—-service order.
(iiii) HazardousThe materialsorder forprohibiting whichthe vehiclemotor placardingcarrier isfrom requiredoperating pursuanta toCMV thisin title;interstate or
(ii)commerce Moreshall thanremain 15in passengers,effect includinguntil the driverState determines that the carrier is fit.
(b3) Penalties. Any motor carrier that operates commercialCMVs motor vehicles in violation of this section willis be subject to the penalty provisions of 49 U.S.C. App521(b) and appendix B to part 386 of the FMCSRs.
(e) 1809Revocation of operating authority. If a proposed “unsatisfactory” safety rating or a proposed determination of unfitness becomes final, FMCSA will, following notice, issue an order revoking the operating authority of the owner or operator. For purposes of this section, the term “operating authority” means the registration required under 49 U.S.C. 13902 and § 392.9a of this subchapter. Any motor carrier that operates CMVs after revocation of its operating authority will be subject to the penalty provisions listed in 49 U.S.C. 52114901.
[5665 FR 4080650934, Aug. 1622, 19912000, 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]