§ 385.17 Change to safety rating based upon corrective actions.

(a) WithinA motor carrier that has taken action to correct the 45-daydeficiencies periodthat specifiedresulted in §a 385.11(d),proposed or atfinal anyrating timeof after“conditional” or “unsatisfactory” may request a rating haschange becomeat final,any atime.
(b) A motor carrier maymust make this request ain changewriting to athe proposedFMCSA orService finalCenter safetyfor ratingthe basedgeographic onarea evidencewhere thatthe correctivecarrier actionsmaintains haveits beenprincipal takenplace andof thatbusiness. itsThe operationsaddresses currentlyand meetgeographical theboundaries safetyof standardthe andService factorsCenters specifiedare listed in § 385390.927 of this chapter.
(bc) AThe requestmotor forcarrier a change must bebase made,its inrequest writing,upon toevidence thethat Regionalit Director,has Officetaken ofcorrective Motoractions Carriers,and forthat theits FHWAoperations Regioncurrently inmeet which the carriersafety maintainsstandard itsand principalfactors placespecified ofin business,§§ 385.5 and 385.7. The request must include a written description of corrective actions taken, and other documentation thatthe maycarrier bewishes reliedthe uponFMCSA asto consider.
(d) The FMCSA will make a basisfinal fordetermination on the requestedrequest for change tobased upon the proposeddocumentation ratingthe motor carrier submits, and any additional relevant information.
(ce) The FMCSA will perform reviews of requests made by motor carriers with a proposed or final determination“unsatisfactory” onsafety rating in the following time periods after the motor carrier's request:
(1) Within 30 days for changemotor willcarriers betransporting basedpassengers uponin theCMVs documentationor submittedplacardable andquantities anyof additionalhazardous investigationmaterials.
(2) deemedWithin necessary45 days for all other motor carriers.
(df) The filing of a request for change to a proposed or final safety rating under this section does not stay the 45-day period establishedspecified in § 385.1113(da),(1) afterfor whichmotor acarriers proposedtransporting safetypassengers ratingor becomeshazardous finalmaterials in quantities requiring placarding.
(g) IfFMCSA themay allow a motor carrier has(except submitteda evidencemotor thatcarrier correctivetransporting actionspassengers haveor beena takenmotor pursuantcarrier totransporting thishazardous sectionmaterials andin quantities requiring placarding) with a finalproposed determinationrating cannotof be“unsatisfactory” madeto withincontinue theits 45-daymotor period,carrier operations in commerce for up to 60 days beyond the period60 beforedays specified in the proposed safety rating, becomesif effectiveFMCSA maydetermines bethat extendedthe formotor upcarrier is making a good faith effort to 10improve daysits atsafety status. This additional period would begin on the discretion61st day after the date of the Regionalnotice Directorof proposed “unsatisfactory” rating.
(eh) If itthe isFMCSA determineddetermines that the motor carrier has taken the corrective actions required and that its operations currently meet the safety standard and factors specified in §§ 385.95 and 385.7, the motoragency carrier will benotify provided with written notification that the proposedmotor ratingcarrier willin notwriting beof assigned,its or,upgraded ifsafety already assigned, rescindedrating.
(fi) If itthe isFMCSA determineddetermines that the motor carrier has not taken all the corrective actions required, or that its operations still fail to meet the safety standardsstandard and factors specified in § § 385.5 and 385.7, the motoragency carrierwill shallnotify be provided with written notification that its request has been denied and that the proposedmotor safetycarrier rating will become final pursuant to § 385.11(d), or that a safety rating currently in effect will not be changedwriting.
(gj) Any motor carrier whose request for change is denied pursuantin toaccordance with paragraph (fi) of this section may petitionrequest for administrative review pursuantunder to the procedures of § 385.15. The motor carrier must make the request within 4590 days of the denial of the request for a rating change. If the proposed rating has become final, it shall remain in effect during the period of any administrative review.
[65 unlessFR stayed50935, byAug. the22, reviewing2000, officialas amended at 72 FR 36788, July 5, 2007; 75 FR 17241, Apr.
[62 5, 2010; 77 FR 6004328450, NovMay 14, 2012; 77 FR 64762, Oct. 623, 19972012]