§FMCSR.com
Historical textIn force on Oct. 1, 1998Source: annual CFR editions 1998–1999

§ 385.15 Administrative review.

Wording in the annual edition revised as of Oct. 1, 1998, superseded by the 2000 annual edition.

govinfo, 1998 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 1998 edition's wording. An amendment that took effect between Oct. 1, 1998 and Oct. 1, 1998 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
What changedOct. 1, 1996 wording → Oct. 1, 1998 wording+189 added−152 removedHide

(a) AWithin petitionthe for45 reviewday ofnotice aperiod safetyprovided rating,in where§ there385.11(d), areor factualwithin or45 proceduraldays disputes,after mustdenial listof alla issuesrequest infor disputea andchange bein accompaniedrating byas anyprovided informationin or§ documents385.17(g), the motor carrier ismay relyingpetition upon as the basisFHWA for itsadministrative petition.
(b)(1)review Theof petitiona mustproposed beor submittedfinal safety rating by submitting a written request to the Director, Office of Motor Carrier Field Operations, within400 90Seventh days of the date of notification of the assignmentStreet, or changeSW., ofWashington aDC safety rating20590.
(2b) MotorThe carrierspetition affectedmust bystate why the provisionsproposed ofsafety §rating 385.13is shouldbelieved submitto theirbe petitionsin error and supportinglist documentationall tofactual theand Director,procedural Officeissues ofin Motordispute. CarrierThe Fieldpetition Operations,may withinbe 15accompanied daysby fromany theinformation dateor ofdocuments notification of the assignmentmotor ofcarrier ais safetyrelying rating.
(c)upon Asas part of the considerationbasis offor aits petition,.
(c) theThe Director, Office of Motor Carrier Field Operations, may request the motorpetitioner carrier to submit additional data and attend a conference to discuss the safety rating. Failure to provide suchthe datainformation requested or to attend the conference may result in dismissal of the petition.
(d) The Director,petitioner Officeshall be notified in writing of Motorthe Carrierdecision Fieldon Operations,administrative shallreview. notifyThe thenotification motorwill carrieroccur inwithin writing30 days after receipt of a decisionpetition onfrom a petitionhazardous formaterials or passenger motor carrier.
(e) If the decision on administrative review ofresults in a safetyfinal rating, whichof willunsatisfactory constitutefor thea finalhazardous agencymaterials action.or Thepassenger motor carrier, the decision may:
(1)shall Confirmbe theaccompanied rating;by oran appropriate out-of-service order.
(2f) ReviseAll other decisions on administrative review of ratings constitute final agency action. Thereafter, improvement in the rating may be obtained under § 385.17 of this part.
[5662 FR 4080660043, AugNov. 166, 19911997]

49 CFR § 385.15 — Administrative review.. Text in force on October 1, 1998. This wording effective October 1, 1998 to October 1, 2000. Source: govinfo, 1998 edition, https://www.govinfo.gov/app/details/CFR-1998-title49-vol4/CFR-1998-title49-vol4-sec385-15. Retrieved from FMCSR.com, https://fmcsr.com/reg/385.15?asof=1998-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) Within the 45 day notice period provided in § 385.11(d), or within 45 days after denial of a request for a change in rating as provided in § 385.17(g), the motor carrier may petition the FHWA for administrative review of a proposed or final safety rating by submitting a written request to the Director, Office of Motor Carrier Field Operations, 400 Seventh Street, SW., Washington DC 20590.

(b) The petition must state why the proposed safety rating is believed to be in error and list all factual and procedural issues in dispute. The petition may be accompanied by any information or documents the motor carrier is relying upon as the basis for its petition.

(c) The Director, Office of Motor Carrier Field Operations, may request the petitioner to submit additional data and attend a conference to discuss the safety rating. Failure to provide the information requested or attend the conference may result in dismissal of the petition.

(d) The petitioner shall be notified in writing of the decision on administrative review. The notification will occur within 30 days after receipt of a petition from a hazardous materials or passenger motor carrier.

(e) If the decision on administrative review results in a final rating of unsatisfactory for a hazardous materials or passenger motor carrier, the decision shall be accompanied by an appropriate out-of-service order.

(f) All other decisions on administrative review of ratings constitute final agency action. Thereafter, improvement in the rating may be obtained under § 385.17 of this part.

[62 FR 60043, Nov. 6, 1997]

Amendment history

8 distinct wordings on file since Oct. 1, 1996
  1. Oct. 14, 2021 → presenteCFR, day-precisediff vs. previous
    [65 FR 50935, Aug. 22, 2000, as amended at 72 FR 55701, Oct. 1, 2007; 75 FR 17241, Apr. 5, 2010; 77 FR 28450, 28454, May 14, 2012; 86 FR 57070, Oct. 14, 2021]
  2. Oct. 1, 2013 → Oct. 14, 2021annual editions 2013–2016diff vs. previous
    [65 FR 50935, Aug. 22, 2000, as amended at 72 FR 55701, Oct. 1, 2007; 75 FR 17241, Apr. 5, 2010; 77 FR 28450, 28454, May 14, 2012]
  3. Oct. 1, 2012 → Oct. 1, 2013annual edition 2012diff vs. previous
    [65 FR 50935, Aug. 22, 2000, as amended at 72 FR 55701, Oct. 1, 2007; 75 FR 17241, Apr. 5, 2010; 77 FR 28454, May 14, 2012]
  4. Oct. 1, 2010 → Oct. 1, 2012annual editions 2010–2011diff vs. previous
    [65 FR 50935, Aug. 22, 2000, as amended at 72 FR 55701, Oct. 1, 2007; 75 FR 17241, Apr. 5, 2010]
  5. Oct. 1, 2007 → Oct. 1, 2010annual editions 2007–2009diff vs. previous
    [65 FR 50935, Aug. 22, 2000, as amended at 72 FR 55701, Oct. 1, 2007]
  6. Oct. 1, 2000 → Oct. 1, 2007annual editions 2000–2006diff vs. previous
    [65 FR 50935, Aug. 22, 2000]
  7. Oct. 1, 1998 → Oct. 1, 2000annual editions 1998–1999diff vs. previousviewing
    [62 FR 60043, Nov. 6, 1997]
  8. 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.