49 C.F.R. § 385.17

Change to safety rating based upon corrective actions

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(a) A motor carrier that has taken action to correct the deficiencies that resulted in a proposed or final rating of “conditional” or “unsatisfactory” may request a rating change at any time.

(b) A motor carrier must make this request in writing to the FMCSA Service Center for the geographic area where the carrier maintains its principal place of business. The addresses and geographical boundaries of the Service Centers are listed in § 390.27 of this chapter.

(c) The motor carrier must base its request upon evidence that it has taken corrective actions and that its operations currently meet the safety standard and factors specified in §§ 385.5 and 385.7. The request must include a written description of corrective actions taken, and other documentation the carrier wishes the FMCSA to consider.

(d) The FMCSA will make a final determination on the request for change based upon the documentation the motor carrier submits, and any additional relevant information.

(e) The FMCSA will perform reviews of requests made by motor carriers with a proposed or final “unsatisfactory” safety rating in the following time periods after the motor carrier's request:

(1) Within 30 days for motor carriers transporting passengers in CMVs or placardable quantities of hazardous materials.

(2) Within 45 days for all other motor carriers.

(f) The filing of a request for change to a proposed or final safety rating under this section does not stay the 45-day period specified in § 385.13(a)(1) for motor carriers transporting passengers or hazardous materials in quantities requiring placarding.

(g) FMCSA may allow a motor carrier (except a motor carrier transporting passengers or a motor carrier transporting hazardous materials in quantities requiring placarding) with a proposed rating of “unsatisfactory” to continue its motor carrier operations in commerce for up to 60 days beyond the 60 days specified in the proposed rating, if FMCSA determines that the motor carrier is making a good faith effort to improve its safety status. This additional period would begin on the 61st day after the date of the notice of proposed “unsatisfactory” rating.

(h) If the FMCSA determines that the motor carrier has taken the corrective actions required and that its operations currently meet the safety standard and factors specified in §§ 385.5 and 385.7, the agency will notify the motor carrier in writing of its upgraded safety rating.

(i) If the FMCSA determines that the motor carrier has not taken all the corrective actions required, or that its operations still fail to meet the safety standard and factors specified in §§ 385.5 and 385.7, the agency will notify the motor carrier in writing.

(j) Any motor carrier whose request for change is denied in accordance with paragraph (i) of this section may request administrative review under the procedures of § 385.15. The motor carrier must make the request within 90 days of the denial of the request for a rating change. If the proposed rating has become final, it shall remain in effect during the period of any administrative review.

[65 FR 50935, Aug. 22, 2000, as amended at 72 FR 36788, July 5, 2007; 75 FR 17241, Apr. 5, 2010; 77 FR 28450, May 14, 2012; 77 FR 64762, Oct. 23, 2012]

Notes of Decisions

Cited in 8 cases, 1997–2020 · leading case: Jonatan Pornomo v. United States, 814 F.3d 681 (4th Cir. 2016).

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Jonatan Pornomo v. United States, 814 F.3d 681 (4th Cir. 2016). · cites it 20× “49 C.F.R. § 385.17 (a)-(c). A request for an upgrade does not toll the 45-day provisional period.”

Geeta Chhetri v. United States, 823 F.3d 577 (11th Cir. 2016). · cites it 27× “In line with the “plain language of the regulation” then in effect, 49 C.F.R. § 385.17 (f) (2011), the Court noted that the FMCSA was expressly afforded the discretion to grant extensions of up to ten 6 Case: 15-10644 Date Filed: 05/12/2016 Page: 7 of 26 days.”

Pornomo v. United States, 62 F. Supp. 3d 455 (E.D. Va. 2014). · cites it 18× “; 49 C.F.R. § 385.17 (a), (c). Such “upgrade requests” are separate from petitions for administrative review under § 385.”

Sorreda Transp., LLC v. US Dept of Transp., 980 F.3d 1 (1st Cir. 2020). “It can still rectify the identified deficiencies in its safety standards and request a change in its safety rating at any time pursuant to 49 C.F.R. § 385.17 . - 10 -”

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. § 385.17 . Additionally, if the motor carrier believes there has been an error, the carrier may request that the FMCSA conduct an administrative review.”

Multistar Indus., Inc. v. U.S. Dep't of Transp., 707 F.3d 1045 (9th Cir. 2013). “12 Under 49 C.F.R. § 385.17 (a), a motor carrier may seek an upgrade of its safety rating “at any time.”

Mst Express & Truckers United for Saf. v. Dep't of Transp. & Fed. High. Admin., 108 F.3d 401 (D.C. Cir. 1997). “The judicial review provisions of § 521 would apply if, for example, the FHWA proposed to impose a civil penalty upon an operator that, notwithstanding an unsatisfactory safety rating, transported hazardous materials or more than 15 passengers, in violation of 49 C.F.R. § 385.17…”

Transam Trucking, Inc. v. Fed. Motor Carrier Saf. Admin., 808 F.3d 1205 (10th Cir. 2015). “49 C.F.R. § 385.17 (j). See also 49 C.F.R.”

— 49 C.F.R. § 385.17(f) — 1 case

Pornomo v. United States, 62 F. Supp. 3d 455 (E.D. Va. 2014). “; 49 C.F.R. § 385.17 (a), (c). Such “upgrade requests” are separate from petitions for administrative review under § 385.”

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