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Historical textIn force on Oct. 1, 2000Source: annual CFR editions 2000–2006

§ 385.15 Administrative review.

Wording in the annual edition revised as of Oct. 1, 2000, superseded by the 2007 annual edition.

govinfo, 2000 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2000 edition's wording. An amendment that took effect between Oct. 1, 2000 and Oct. 1, 2000 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
What changedOct. 1, 1998 wording → Oct. 1, 2000 wording+310 added−173 removedHide

(a) WithinA motor carrier may request the 45FMCSA dayto noticeconduct periodan providedadministrative inreview §if 385.11(d),it orbelieves withinthe 45FMCSA dayshas aftercommitted denialan oferror ain requestassigning forits aproposed changesafety rating in ratingaccordance aswith provided§ 385.15(c) or its final safety rating in §accordance with § 385.1711(gb),.
(b) theThe motor carrier's mayrequest petitionmust explain the FHWAerror forit administrativebelieves reviewthe ofFMCSA acommitted proposedin orissuing finalthe safety rating. byThe submittingmotor carrier must include a writtenlist of all factual and procedural issues in dispute, and any information or documents that support its argument.
(c) The motor carrier must submit its request in writing to the Director,Chief OfficeSafety ofOfficer, Federal Motor Carrier FieldSafety OperationsAdministration, 400 Seventh Street, SW., Washington DC 20590.
(b1) TheIf petitiona mustmotor statecarrier whyhas thereceived a notice of a proposed “unsatisfactory” safety rating, isit believedshould tosubmit beits inrequest errorwithin and15 listdays allfrom factualthe anddate proceduralof issuesthe notice. This time frame will allow the FMCSA to issue a written decision before the prohibitions outlined in dispute§ 385.13 The(a)(1) and (2) take effect. Failure to petition within this 15-day period may beprevent accompaniedthe byFMCSA anyfrom informationissuing ora documentsfinal thedecision before such prohibitions take effect.
(2) A motor carrier ismust relyingmake upona asrequest for an administrative review within 90 days of the basisdate forof itsthe petitionproposed safety rating issued under § 385.
11 (c) Theor Directora final safety rating issued under § 385.11 (b), Officeor within 90 days after denial of Motora Carrierrequest Fieldfor Operations,a change in rating under § 385.17(i).
(d) The FMCSA may requestask the petitionermotor carrier to submit additional data and attend a conference to discuss the safety rating. FailureIf tothe motor carrier does not provide the information requested, or does not attend the conference, maythe resultFMCSA inmay dismissaldismiss ofits therequest petitionfor review.
(de) The petitionerFMCSA shallwill benotify notifiedthe motor carrier in writing of theits decision onfollowing the administrative review. The notificationFMCSA will occurcomplete withinits review:
(1) Within 30 days after receiptreceiving of a petitionrequest from a hazardous materials or passenger motor carrier.
(e) Ifthat thehas decisionreceived ona administrativeproposed reviewor resultsfinal in“unsatisfactory” asafety final rating.
(2) ofWithin unsatisfactory45 fordays after receiving a hazardousrequest materialsfrom orany passengerother motor carrier, thethat decisionhas shallreceived bea accompaniedproposed byor anfinal appropriate“unsatisfactory” out-of-servicesafety orderrating.
(f) AllThe otherdecision decisionsconstitutes on administrative review of ratings constitute final agency action.
(g) Thereafter,Any improvementmotor incarrier themay ratingrequest maya berating obtainedchange under §the 385.17provisions of this part§ 385.17.
[6265 FR 6004350935, NovAug. 622, 19972000]

49 CFR § 385.15 — Administrative review.. Text in force on October 1, 2000. This wording effective October 1, 2000 to October 1, 2007. Source: govinfo, 2000 edition, https://www.govinfo.gov/app/details/CFR-2000-title49-vol4/CFR-2000-title49-vol4-sec385-15. Retrieved from FMCSR.com, https://fmcsr.com/reg/385.15?asof=2000-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) A motor carrier may request the FMCSA to conduct an administrative review if it believes the FMCSA has committed an error in assigning its proposed safety rating in accordance with § 385.15(c) or its final safety rating in accordance with § 385.11(b).

(b) The motor carrier's request must explain the error it believes the FMCSA committed in issuing the safety rating. The motor carrier must include a list of all factual and procedural issues in dispute, and any information or documents that support its argument.

(c) The motor carrier must submit its request in writing to the Chief Safety Officer, Federal Motor Carrier Safety Administration, 400 Seventh Street, SW., Washington DC 20590.

(1) If a motor carrier has received a notice of a proposed “unsatisfactory” safety rating, it should submit its request within 15 days from the date of the notice. This time frame will allow the FMCSA to issue a written decision before the prohibitions outlined in § 385.13 (a)(1) and (2) take effect. Failure to petition within this 15-day period may prevent the FMCSA from issuing a final decision before such prohibitions take effect.

(2) A motor carrier must make a request for an administrative review within 90 days of the date of the proposed safety rating issued under § 385.11 (c) or a final safety rating issued under § 385.11 (b), or within 90 days after denial of a request for a change in rating under § 385.17(i).

(d) The FMCSA may ask the motor carrier to submit additional data and attend a conference to discuss the safety rating. If the motor carrier does not provide the information requested, or does not attend the conference, the FMCSA may dismiss its request for review.

(e) The FMCSA will notify the motor carrier in writing of its decision following the administrative review. The FMCSA will complete its review:

(1) Within 30 days after receiving a request from a hazardous materials or passenger motor carrier that has received a proposed or final “unsatisfactory” safety rating.

(2) Within 45 days after receiving a request from any other motor carrier that has received a proposed or final “unsatisfactory” safety rating.

(f) The decision constitutes final agency action.

(g) Any motor carrier may request a rating change under the provisions of § 385.17.

[65 FR 50935, Aug. 22, 2000]

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. previousviewing
    [65 FR 50935, Aug. 22, 2000]
  7. Oct. 1, 1998 → Oct. 1, 2000annual editions 1998–1999diff vs. previous
    [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.