§ 385.17 Change to safety rating based upon corrective actions.

(a) A requestmotor forcarrier athat changehas taken action to correct the deficiencies that resulted in a safetyproposed or final rating of “conditional” or “unsatisfactory” may berequest madea whenrating change at any time.
(b) A motor carrier must make this request in writing to the basisFMCSA Service Center for the changegeographic isarea where the carrier maintains its principal place of business. The addresses and geographical boundaries of the Service Centers are listed in § 390.27 of this chapter.
(c) The motor carrier must base its request upon evidence that correctiveit actionshas havetaken beencorrective takenactions and that its operations currently meet the safety fitness standard and factors specified in §§ 385.5 and 385.7. The request shallmust beinclude directeda inwritten writing,description viaof certifiedcorrective mailactions taken, toand other documentation the Regionalcarrier Directorwishes ofthe MotorFMCSA Carriersto consider.
(d) The FMCSA will make a final determination on the request for change based upon the FHWAdocumentation Regionthe motor carrier submits, and any additional relevant information.
(e) The FMCSA will perform reviews of requests made by motor carriers with a proposed or final “unsatisfactory” safety rating in whichthe following time periods after the motor carrier's maintainsrequest:
(1) itsWithin principal30 placedays for motor carriers transporting passengers in CMVs or placardable quantities of businesshazardous materials.
(2) Within 45 days for safetyall other motor carriers.
(f) The Regionalfiling Officeof addressesa arerequest listedfor change to a proposed or final safety rating under this section does not stay the 45-day period specified in § 390385.2713(a)(1) offor thismotor subchaptercarriers transporting passengers or hazardous materials in quantities requiring placarding.
(g) SuchFMCSA may allow a requestmotor shallcarrier include(except a writtenmotor descriptioncarrier transporting passengers or a motor carrier transporting hazardous materials in quantities requiring placarding) with a proposed rating of corrective“unsatisfactory” actionsto takencontinue andits othermotor documentationcarrier operations in commerce for up to 60 days beyond the 60 days specified in the proposed rating, if FMCSA determines that maythe bemotor reliedcarrier uponis asmaking a basisgood forfaith improvingeffort to improve its safety status. This additional period would begin on the assigned61st day after the date of the notice of proposed “unsatisfactory” rating.
(bh) TheIf FHWAthe willFMCSA makedetermines that the motor carrier has taken the corrective actions required and that its determinationoperations basedcurrently uponmeet documentationthe submittedsafety orstandard anyand additionalfactors investigationspecified deemedin necessary§§ 385.5 and 385.7, the agency will notify the motor carrier in writing of its upgraded safety rating.
(ci) InIf casesthe whereFMCSA determines that the FHWAmotor iscarrier unablehas tonot maketaken aall determinationthe withincorrective actions required, or that its operations still fail to meet the 45-daysafety periodstandard establishedand factors specified in §§ 385.135 and 385.7, the agency will notify the motor carrier hasin submittedwriting.
(j) evidenceAny thatmotor correctivecarrier actionswhose haverequest beenfor takenchange pursuantis todenied in accordance with paragraph (ai) of this section, andmay hasrequest cooperatedadministrative inreview anyunder investigation, the FHWAprocedures mayof conditionally§ suspend385.15. The motor carrier must make the effectiverequest datewithin 90 days of the “unsatisfactory”denial safetyof ratingthe request for ana additionalrating change. If the proposed rating has become final, it shall remain in effect during the period of upany toadministrative 10 daysreview.
[5665 FR 4080650935, Aug. 1622, 19912000, as amended at 6172 FR 184336788, JanJuly 5, 2007; 75 FR 17241, Apr. 245, 19962010; 77 FR 28450, May 14, 2012; 77 FR 64762, Oct. 23, 2012]