§FMCSR.com
Historical textIn force on Sept. 30, 2016Source: annual CFR editions 2006–2015

§ 386.12 Complaint.

Wording in the annual edition revised as of Oct. 1, 2006, superseded by the 2016 annual edition.

govinfo, 2015 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2015 edition's wording. An amendment that took effect between Oct. 1, 2015 and Sept. 30, 2016 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
49 CFR § 386.12 — Complaint.. Text in force on September 30, 2016. This wording effective October 1, 2006 to October 1, 2016. Source: govinfo, 2015 edition, https://www.govinfo.gov/app/details/CFR-2015-title49-vol5/CFR-2015-title49-vol5-sec386-12. Retrieved from FMCSR.com, https://fmcsr.com/reg/386.12?asof=2016-09-30, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) Complaint of substantial violation. Any person may file a written complaint with the Assistant Administrator alleging that a substantial violation of any regulation issued under the Motor Carrier Safety Act of 1984 is occurring or has occurred within the preceding 60 days. A substantial violation is one which could reasonably lead to, or has resulted in, serious personal injury or death. Each complaint must be signed by the complainant and must contain:

(1) The name, address, and telephone number of the person who files it;

(2) The name and address of the alleged violator and, with respect to each alleged violator, the specific provisions of the regulations that the complainant believes were violated; and

(3) A concise but complete statement of the facts relied upon to substantiate each allegation, including the date of each alleged violation.

(b) Action on complaint of substantial violation. Upon the filing of a complaint of a substantial violation under paragraph (a) of this section, the Assistant Administrator shall determine whether it is nonfrivolous and meets the requirements of paragraph (a) of this section. If the Assistant Administrator determines the complaint is nonfrivolous and meets the requirements of paragraph (a), he/she shall investigate the complaint. The complainant shall be timely notified of findings resulting from such investigation. The Assistant Administrator shall not be required to conduct separate investigations of duplicative complaints. If the Assistant Administrator determines the complaint is frivolous or does not meet the requirements of the paragraph (a), he/she shall dismiss the complaint and notify the complainant in writing of the reasons for such dismissal.

(c) Notwithstanding the provisions of section 552 of title 5, United States Code, the Assistant Administrator shall not disclose the identity of complainants unless it is determined that such disclosure is necessary to prosecute a violation. If disclosure becomes necessary, the Assistant Administrator shall take every practical means within the Assistant Administrator's authority to assure that the complainant is not subject to harassment, intimidation, disciplinary action, discrimination, or financial loss as a result of such disclosure.

[50 FR 40306, Oct. 2, 1985, as amended at 70 FR 28481, May 18, 2005]

Amendment history

7 distinct wordings on file since Oct. 1, 1996
  1. Nov. 13, 2024 → presenteCFR, day-precisediff vs. previous
    [80 FR 78381, Dec. 16, 2015, as amended at 88 FR 80182, Nov. 17, 2023]
  2. Nov. 17, 2023 → Nov. 13, 2024eCFR, day-precisediff vs. previous
    [80 FR 78381, Dec. 16, 2015, as amended at 88 FR 80182, Nov. 17, 2023]
  3. Oct. 1, 2016 → Nov. 17, 2023annual edition 2016diff vs. previous
    [80 FR 78381, Dec. 16, 2015]
  4. Oct. 1, 2006 → Oct. 1, 2016annual editions 2006–2015diff vs. previousviewing
    [50 FR 40306, Oct. 2, 1985, as amended at 70 FR 28481, May 18, 2005]
  5. Oct. 1, 2005 → Oct. 1, 2006annual edition 2005diff vs. previous
  6. Oct. 1, 2000 → Oct. 1, 2005annual editions 2000–2004diff vs. previous
  7. Oct. 1, 1996 → Oct. 1, 2000annual editions 1996–1999

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.