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

(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 Safety and Fitness Electronic Records System website at https://safer.fmcsa.dot.gov, 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 in motor carrier operations in commerce beginning on the 46th day after the date of chapterthe 1FMCSA notice of thisproposed title;“unsatisfactory” orrating.
(2) MoreAll thanother 15motor passengerscarriers 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 proposed “unsatisfactory” rating. If FMCSA determines that the motor carrier is making a good-faith effort to improve its safety fitness, includingFMCSA may allow the drivermotor carrier to operate for up to 60 additional days.
(b) A Federal agency must not use a motor carrier subjectthat toholds thean provisions“unsatisfactory” ofrating paragraphto (a)transport ofpassengers thisin sectiona isCMV ineligibleor to contracttransport orhazardous subcontractmaterials within anyquantities requiring placarding.
(c) A Federal agency must not use a motor carrier for other CMV transportation if that carrier holds an “unsatisfactory” rating.
(d) Penalties. (1) If a proposed “unsatisfactory” safety rating becomes final, FMCSA will issue an order placing out of service the propertymotor orcarrier's passengersoperations referredin commerce. The out-of-service order shall apply both to the motor carrier's operations in paragraphsinterstate commerce and to its operations affecting interstate commerce.
(a2) If a motor carrier's intrastate operations are declared out of service by a State, FMCSA must issue an order placing out of service the carrier's operations in interstate commerce. The following conditions apply:
(1i) The State that issued the intrastate out-of-service order participates in the Motor Carrier Safety Assistance Program and uses the FMCSA safety rating methodology provided in this part; and
(aii)(2) The motor carrier has its principal place of thisbusiness sectionin the State that issued the out-of-service order.
(ciii) Penalties.The Whenorder aprohibiting the motor carrier subjectfrom tooperating thea prohibitionsCMV in paragraphinterstate commerce shall remain in effect until the State determines that the carrier is fit.
(a3) Any motor carrier that operates CMVs in violation of this section is knownsubject to transportthe penalty provisions of 49 U.S.C. 521(b) and appendix B to part 386 of the propertyFMCSRs.
(e) Revocation of operating authority. If a proposed “unsatisfactory” safety rating or passengersa referredproposed todetermination thereinof unfitness becomes final, FMCSA will, following notice, issue an order willrevoking bethe issuedoperating placingauthority thoseof operationsthe outowner or operator. For purposes of servicethis 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 commercialCMVs motorafter vehiclesrevocation in violation of thisits sectionoperating authority will be subject to the penalty provisions listed in part49 386U.S.C. of this chapter14901.
[6265 FR 6004250934, NovAug. 622, 19972000, 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]