49 C.F.R. § 385.1

Purpose and scope

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(a) This part establishes the FMCSA's procedures to determine the safety fitness of motor carriers, to assign safety ratings, to direct motor carriers to take remedial action when required, and to prohibit motor carriers receiving a safety rating of “unsatisfactory” from operating a CMV.

(b) This part establishes the safety assurance program for a new entrant motor carrier initially seeking to register with FMCSA to conduct interstate operations. It also describes the consequences that will occur if the new entrant fails to maintain adequate basic safety management controls.

(c) This part establishes the safety permit program for a motor carrier to transport the types and quantities of hazardous materials listed in § 385.403.

(d) The provisions of this part apply to all motor carriers subject to the requirements of this subchapter, except non-business private motor carriers of passengers.

(e) Subpart F of this part establishes procedures to perform a roadability review of intermodal equipment providers to determine their compliance with the applicable Federal Motor Carrier Safety Regulations (FMCSRs).

[65 FR 50934, Aug. 22, 2000, as amended at 67 FR 31982, May 13, 2002; 69 FR 39366, June 30, 2004; 73 FR 76818, Dec. 17, 2008; 75 FR 17240, Apr. 5, 2010; 77 FR 28450, May 14, 2012]

Notes of Decisions

Cited in 7 cases (2 in the last 5 years), 1983–2021 · leading case: Amalgamated Meat Cutters & Butcher Workmen of North Am. Afl-Cio, Local Union 540 v. Great W. Food Co., 712 F.2d 122 (5th Cir. 1983).

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Amalgamated Meat Cutters & Butcher Workmen of North Am. Afl-Cio, Local Union 540 v. Great W. Food Co., 712 F.2d 122 (5th Cir. 1983). “Further evidence is found in the Federal Motor Carrier Safety Regulations, 49 C.F.R. § 385.1 et seq. Section 392.5 provides: (a) No person shall— (1) Consume an intoxicating liquor, regardless of its alcoholic content, or be under the influence of an intoxicating liquor, within…”

Owner-Operator Indep. Drivers Ass'n v. United States Dep't of Transp., 831 F.3d 961 (8th Cir. 2016). “49 C.F.R. § 385.1 et seq. Following an on-site examination of the carrier’s operations, the Administration rates each carrier as “satisfactory,” “conditional,” or “unsatisfactory.”

Dep't of Cent. Mgmt. Servs. v. Am. Fed'n of State, Cnty. & Mun. Employees, 554 N.E.2d 759 (Ill. App. Ct. 1990). “The opinion noted that a police officer had cited the driver for “drinking intoxicating liquor while on duty or within 4 hours prior,” which was apparently a violation of Federal Motor Carrier Safety Regulations ( 49 C.”

Truckers United for Saf. v. Mead, 86 F. Supp. 2d 1 (D.D.C. 2000). “§§ 31115 , 31133(a); 31142-31143, 31503; 49 C.F.R. §§ 385.1 -.23, 386.1-.82, 390.1-.”

William Spencer & Spencer Bros. LLC v. P Michael Doran, et al., 2021 DNH 023 (D.N.H. 2021). “49 C.F.R. § 385.1 . Exclusive jurisdiction to determine the validity of the Final Order and/or the Cease Transportation Order is therefore vested in the First Circuit Court of Appeals.”

Burrell v. Duhon (W.D. Ky. 2019). · cites it 2× “49 C.F.R. §385.1 “establishes the FMCSA’s procedures to determine the safety fitness of motor carriers, to assign safety ratings, … and to prohibit motor carriers receiving a safety rating of ‘unsatisfactory’ from operating a [commercial motor vehicle].”

Spencer v. NH State Police (D.N.H. 2021). “49 C.F.R. § 385.1 . Exclusive jurisdiction to determine the validity of the Final Order and/or the Cease Transportation Order is therefore vested in the First Circuit Court of Appeals.”

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