§FMCSR.com
Historical textIn force on Sept. 30, 2002Source: annual CFR editions 1996–2006

§ 385.7 Factors to be considered in determining a safety rating.

Wording first on file in the 1996 annual edition, superseded by the 2007 annual edition.

govinfo, 2001 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2001 edition's wording. An amendment that took effect between Oct. 1, 2001 and Sept. 30, 2002 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
49 CFR § 385.7 — Factors to be considered in determining a safety rating.. Text in force on September 30, 2002. This wording effective October 1, 1996 to October 1, 2007. Source: govinfo, 2001 edition, https://www.govinfo.gov/app/details/CFR-2001-title49-vol4/CFR-2001-title49-vol4-sec385-7. Retrieved from FMCSR.com, https://fmcsr.com/reg/385.7?asof=2002-09-30, on October 26, 2026. Unofficial compilation; verify against the official source.

The factors to be considered in determining the safety fitness and assigning a safety rating include information from safety reviews, compliance reviews and any other data. The factors may include all or some of the following:

(a) Adequacy of safety management controls. The adequacy of controls may be questioned if their degree of formalization, automation, etc., is found to be substantially below the norm for similar carriers. Violations, accidents or incidents substantially above the norm for similar carriers will be strong evidence that management controls are either inadequate or not functioning properly.

(b) Frequency and severity of regulatory violations.

(c) Frequency and severity of driver/vehicle regulatory violations identified in roadside inspections.

(d) Number and frequency of out-of-service driver/vehicle violations.

(e) Increase or decrease in similar types of regulatory violations discovered during safety or compliance reviews.

(f) Frequency of accidents; hazardous materials incidents; accident rate per million miles; preventable accident rate per million miles; and other accident indicators; and whether these accident and incident indicators have improved or deteriorated over time.

(g) The number and severity of violations of state safety rules, regulations, standards, and orders applicable to commercial motor vehicles and motor carrier safety that are compatible with Federal rules, regulations, standards, and orders.

[53 FR 50968, Dec. 19, 1988, as amended at 58 FR 33776, June 21, 1993]

Amendment history

2 distinct wordings on file since Oct. 1, 1996
  1. Oct. 1, 2007 → presentannual editions 2007–2016diff vs. previous
    [53 FR 50968, Dec. 19, 1988, as amended at 58 FR 33776, June 21, 1993; 72 FR 36788, July 5, 2007]
  2. Oct. 1, 1996 → Oct. 1, 2007annual editions 1996–2006viewing
    [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.