§FMCSR.com
Historical textIn force on Sept. 30, 2011Source: annual CFR editions 2010–2011

§ 385.5 Safety fitness standard.

Wording in the annual edition revised as of Oct. 1, 2010, superseded by the 2012 annual edition.

govinfo, 2010 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2010 edition's wording. An amendment that took effect between Oct. 1, 2010 and Sept. 30, 2011 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
49 CFR § 385.5 — Safety fitness standard.. Text in force on September 30, 2011. This wording effective October 1, 2010 to October 1, 2012. Source: govinfo, 2010 edition, https://www.govinfo.gov/app/details/CFR-2010-title49-vol5/CFR-2010-title49-vol5-sec385-5. Retrieved from FMCSR.com, https://fmcsr.com/reg/385.5?asof=2011-09-30, on October 26, 2026. Unofficial compilation; verify against the official source.

A motor carrier must meet the safety fitness standard set forth in this section. Intrastate motor carriers subject to the hazardous materials safety permit requirements of subpart E of this part must meet the equivalent State requirements. To meet the safety fitness standard, the motor carrier must demonstrate the following:

(a) It has adequate safety management controls in place, which function effectively to ensure acceptable compliance with applicable safety requirements to reduce the risk associated with:

(1) Commercial driver's license standard violations (part 383 of this chapter),

(2) Inadequate levels of financial responsibility (part 387 of this chapter),

(3) The use of unqualified drivers (part 391 of this chapter),

(4) Improper use and driving of motor vehicles (part 392 of this chapter),

(5) Unsafe vehicles operating on the highways (part 393 of this chapter),

(6) Failure to maintain accident registers and copies of accident reports (part 390 of this chapter),

(7) The use of fatigued drivers (part 395 of this chapter),

(8) Inadequate inspection, repair, and maintenance of vehicles (part 396 of this chapter),

(9) Transportation of hazardous materials, driving and parking rule violations (part 397 of this chapter),

(10) Violation of hazardous materials regulations (parts 170 through 177 of this title), and

(11) Motor vehicle accidents, as defined in § 390.5 of this chapter, and hazardous materials incidents.

(b) The motor carrier has complied with all requirements contained in any remedial directive issued under subpart J of this part.

[75 FR 17241, Apr. 5, 2010]

Amendment history

4 distinct wordings on file since Oct. 1, 1996
  1. Oct. 1, 2012 → presentannual editions 2012–2016diff vs. previous
    [77 FR 28454, May 14, 2012]
  2. Oct. 1, 2010 → Oct. 1, 2012annual editions 2010–2011diff vs. previousviewing
    [75 FR 17241, Apr. 5, 2010]
  3. Oct. 1, 2004 → Oct. 1, 2010annual editions 2004–2009diff vs. previous
    [53 FR 50968, Dec. 19, 1988, as amended at 58 FR 33776, June 21, 1993; 69 FR 39367, June 30, 2004]
  4. Oct. 1, 1996 → Oct. 1, 2004annual editions 1996–2003
    [53 FR 50968, Dec. 19, 1988, as amended at 58 FR 33776, June 21, 1993]

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.