49 C.F.R. § 385.11

Notification of safety fitness determination

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(a) The FMCSA will provide a motor carrier written notice of any safety rating resulting from a compliance review as soon as practicable, but not later than 30 days after the review. The notice will take the form of a letter issued from the FMCSA's headquarters office and will include a list of FMCSR and HMR compliance deficiencies which the motor carrier must correct.

(b) If the safety rating is “satisfactory” or improves a previous “unsatisfactory” safety rating, it is final and becomes effective on the date of the notice.

(c) In all other cases, a notice of a proposed safety rating will be issued. It becomes the final safety rating after the following time periods:

(1) For motor carriers transporting hazardous materials in quantities requiring placarding or transporting passengers by CMV—45 days after the date of the notice.

(2) For all other motor carriers operating CMVs—60 days after the date of the notice.

(d) A proposed safety rating of “unsatisfactory” is a notice to the motor carrier that the FMCSA has made a preliminary determination that the motor carrier is “unfit” to continue operating in interstate commerce, and that the prohibitions in § 385.13 will be imposed after 45 or 60 days if necessary safety improvements are not made.

(e) A motor carrier may request the FMCSA to perform an administrative review of a proposed or final safety rating. The process and the time limits are described in § 385.15.

(f) A motor carrier may request a change to a proposed or final safety rating based upon its corrective actions. The process and the time limits are described in § 385.17.

[65 FR 50934, Aug. 22, 2000, as amended at 75 FR 17241, Apr. 5, 2010; 77 FR 28450, May 14, 2012]
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2002–2021 · leading case: Transam Trucking, Inc. v. Fed. Motor Carrier Saf. Admin., 808 F.3d 1205 (10th Cir. 2015).
Transam Trucking, Inc. v. Fed. Motor Carrier Saf. Admin., 808 F.3d 1205 (10th Cir. 2015). · cites it 4× “49 C.F.R. §§ 385.11 (e), 385.15. A motor carrier assigned a proposed or final rating of less than satisfactory may also take corrective actions and request a rating change at any time by submitting a written request to the appropriate FMCSA service center.”
Flat Creek Transp., LLC v. Fed. Motor Carrier Saf. Admin., 923 F.3d 1295 (11th Cir. 2019). “49 C.F.R. § 385.11 (b). A Conditional or Unsatisfactory rating becomes final after 60 days if it is not upgraded or overturned.”
A.D. Transp. Express, Inc. v. United States of Am. Fed. Motor Carrier Saf. Admin., 290 F.3d 761 (6th Cir. 2002). “49 C.F.R. § 385.11 . 4 . The Regulatory Guidance for the Federal Motor Carrier Safety Regulations defines "supporting documents” as: Supporting documents are the records of the motor carrier which are maintained in the ordinary course of business and used by the motor carrier to…”
Ready Transp., Inc. v. Military Traffic Mgmt. Command, 86 F. App'x 561 (4th Cir. 2004). “49 C.F.R. §§ 385.11 , 385.13, 385.17. The safety inspection at issue in this case was not a DOT inspection and, at the time of the Consolidated inspection, the HAZMAT Agreement governed MTMC’s contractual obligations to RTI.”
William Spencer & Spencer Bros. LLC v. P Michael Doran, et al., 2021 DNH 023 (D.N.H. 2021). “43-1 at 2; see also 49 C.F.R. § 385.11 . The 6 Proposed Safety Rating notified Spencer Brothers that FMCSA intended to give it an “Unsatisfactory” safety rating, based on several alleged regulatory violations, including two violations related to improper transportation of…”
Spencer v. NH State Police (D.N.H. 2021). “43-1 at 2; see also 49 C.F.R. § 385.11 . The Proposed Safety Rating notified Spencer Brothers that FMCSA intended to give it an “Unsatisfactory” safety rating, based on several alleged regulatory violations, including two violations related to improper transportation of…”
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