§FMCSR.com
Current textSource: eCFR

§ 385.15 Administrative review.

Current wording, effective October 14, 2021.

eCFR (current) ↗
What changedOct. 1, 1998 wording → Oct. 14, 2021 wording (current)+342 added−184 removedHide

(a) WithinA themotor 45carrier daymay noticerequest periodFMCSA providedto inconduct §an 385.11(d),administrative orreview withinif 45it daysbelieves afterFMCSA denialhas ofcommitted aan requesterror forin aassigning changeits inproposed ratingor asfinal providedsafety rating in accordance with § 385.1711.
(gb), 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 DirectorAssistant Administrator, OfficeATTN: ofAdjudications Counsel, Federal Motor Carrier FieldSafety OperationsAdministration, 4001200 SeventhNew StreetJersey Ave., SWSE., Washington, DC 20590-0001.
(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 that has received a proposed or final “unsatisfactory” safety rating.
(e2) IfWithin the45 decisiondays onafter administrativereceiving reviewa resultsrequest infrom any other motor carrier that has received a finalproposed ratingor offinal “unsatisfactory” forsafety arating.
(f) hazardousThe materialsdecision orconstitutes passengerfinal agency action.
(g) Any motor carrier, themay decisionrequest shalla berating accompaniedchange byunder anthe appropriateprovisions out-of-service order§ 385.17.
(f)[65 AllFR other50935, decisionsAug. on22, administrative2000, reviewas ofamended ratingsat constitute72 finalFR agency55701, actionOct. Thereafter1, improvement2007; in75 theFR rating17241, mayApr. be5, obtained2010; under77 §FR 385.1728450, of28454, thisMay part.
[6214, 2012; 86 FR 6004357070, NovOct. 614, 19972021]

49 CFR § 385.15 — Administrative review.. Text current through October 15, 2026. This wording effective October 14, 2021 to present. Source: eCFR (current), https://www.ecfr.gov/current/title-49/section-385.15. Retrieved from FMCSR.com, https://fmcsr.com/reg/385.15, on October 26, 2026. Unofficial compilation; verify against the official source.

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

(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 Assistant Administrator, ATTN: Adjudications Counsel, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001.

(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, 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]

Amendment history

8 distinct wordings on file since Oct. 1, 1996
  1. Oct. 14, 2021 → presenteCFR, day-precisediff vs. previousviewing
    [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. 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. Set a case date in the header to read any earlier wording.