C.F.R. » Title 49 » CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS › PART 384—STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM › Subpart C—Procedures for Determining State Compliance

49 C.F.R. § 384.307

FMCSA program reviews of State compliance

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(a) FMCSA Program Reviews. Each State's CDL program will be subject to review to determine whether or not the State meets the general requirement for substantial compliance in § 384.301. The State must cooperate with the review and provide any information requested by the FMCSA.

(b) Preliminary FMCSA determination and State response. If, after review, a preliminary determination is made either that the State has not submitted the required annual self-certification or that the State does not meet one or more of the minimum standards for substantial compliance under subpart B of this part, the State will be informed accordingly.

(c) Reply. The State will have up to 30 calendar days to respond to the preliminary determination. The State's reply must explain what corrective action it either has implemented or intends to implement to correct the deficiencies cited in the notice or, alternatively, why the FMCSA preliminary determination is incorrect. The State must provide documentation of corrective action as required by the agency. Corrective action must be adequate to correct the deficiencies noted in the program review and be implemented on a schedule mutually agreed upon by the agency and the State. Upon request by the State, an informal conference will be provided during this time.

(d) Final FMCSA determination. If, after reviewing a timely response by the State to the preliminary determination, a final determination is made that the State is not in compliance with the affected standard, the State will be notified of the final determination. In making its final determination, the FMCSA will take into consideration the corrective action either implemented or planned to be implemented in accordance with the mutually agreed upon schedule.

(e) State's right to judicial review. Any State aggrieved by an adverse decision under this section may seek judicial review under 5 U.S.C. Chapter 7.

[67 FR 49763, July 31, 2002]
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2015–2026 · leading case: In the Matter of the Expungement of J.S.: State of Indiana v. J.S., 48 N.E.3d 356 (Ind. Ct. App. 2015).
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In the Matter of the Expungement of J.S.: State of Indiana v. J.S., 48 N.E.3d 356 (Ind. Ct. App. 2015). · cites it 2× “49 C.F.R. § 384.307 . If the FMCSA finds that a State has failed to comply with the above-quoted sections, the State faces the loss of its Federal-aid highway funds.”
Florida v. California (2026). “See 49 CFR §§384.307 (e), 384.405(g). III This Court declines to even hear Florida’s claims, even though it has nowhere else to bring them.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.