C.F.R. » Title 49 » CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS › PART 385—SAFETY FITNESS PROCEDURES › Subpart A—General

49 C.F.R. § 385.5

Safety fitness standard

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The satisfactory safety rating is based on the degree of compliance with the safety fitness standard for motor carriers. For intrastate motor carriers subject to the hazardous materials safety permit requirements of subpart E of this part, the motor carrier must meet the equivalent State requirements. To meet the safety fitness standard, the motor carrier must demonstrate it has adequate safety management controls in place, which function effectively to ensure acceptable compliance with applicable safety requirements to reduce the risk associated with:

(a) Commercial driver's license standard violations (part 383 of this chapter),

(b) Inadequate levels of financial responsibility (part 387 of this chapter),

(c) The use of unqualified drivers (part 391 of this chapter),

(d) Improper use and driving of motor vehicles (part 392 of this chapter),

(e) Unsafe vehicles operating on the highways (part 393 of this chapter),

(f) Failure to maintain accident registers and copies of accident reports (part 390 of this chapter),

(g) The use of fatigued drivers (part 395 of this chapter),

(h) Inadequate inspection, repair, and maintenance of vehicles (part 396 of this chapter),

(i) Transportation of hazardous materials, driving and parking rule violations (part 397 of this chapter),

(j) Violation of hazardous materials regulations (parts 170-177 of this title), and

(k) Motor vehicle accidents and hazardous materials incidents.

[77 FR 28454, May 14, 2012]
Notes of Decisions
Cited in 14 cases (4 in the last 5 years), 1997–2026 · leading case: Jonatan Pornomo v. United States
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Jonatan Pornomo v. United States (2016) ca4 “) see 49 C.F.R. § 385.5 (delineating salient safety violations).”
Valadez v. CSX Intermodal Terminals, Inc. (2018) cand · cites it 2× “49 C.F.R. § 385.5 . Plaintiffs point out, however, that Defendant's accident reporting policies exceed those required by government regulations because they apply to all accidents, even minor ones, while the federal regulations apply only to accidents involving fatalities,…”
A.D. Transport Express, Inc. v. United States of America Federal Motor Carrier Safety Administration (2002) ca6 “49 C.F.R. § 385.5 . To meet the safety fitness standard, a motor carrier must demonstrate that it has “adequate safety management controls in place” that ensure compliance with “applicable safety requirements.”
Matter of Scott (Commr. of Labor) (2015) nyappdiv “* The regulations require motor carriers to establish safety management controls and maintain satisfactory safety ratings (see 49 CFR 385.5, 385.7 [a], [b]; 390.11). The Board erred insofar as it determined that CR exceeded its regulatory obligations by requiring claimants to…”
Mst Express and Truckers United for Safety v. Department of Transportation and Federal Highway Administration (1997) cadc “” Although one of those provisions is subchapter 311, which provides the statutory authority for the promulgation of 49 C.F.R. § 385.5 , this is not an action by the Secretary to abate or to impose a civil penalty for a regulatory violation; rather, it is a proceeding to…”
Midwest Crane & Rigging, Inc. v. Federal Motor Carrier Safety Administration (2010) ca10 “See 49 C.F.R. §§ 385.5 , 385.7. II. The present petition for review stems from a dispute arising out of an FMCSA compliance review in response to a complaint.”
Ready Transportation, Inc. v. Military Traffic Management Command (2004) ca4 “” 49 C.F.R. § 385.5 . To meet this standard, the motor carrier must demonstrate that it has adequate safety management controls in place that ensure compliance with applicable safety requirements to reduce the risk associated with, among other things, the transportation of…”
Ezzell Trucking, Inc. v. Federal Motor Carrier Safety Administration (2002) cadc “49 C.F.R. §§ 385.5 , 385.7; id. pt. 385, App.”
Burrell v. Duhon (2019) kywd · cites it 3× “” 49 C.F.R. § 385.5 (a)-(k). compliance with [ 49 C.”
AHMED HASSAN VS. ROLAND WILLIAMS (L-0213-16, OCEAN COUNTY AND STATEWIDE) (2021) njsuperctappdiv · cites it 2× “5 Evidently, federal regulators rate the safety of interstate motor carriers, 49 C.F.R. § 385.5 , and among the factors considered are "indicators of preventable accidents" and "whether .”
AHMED HASSAN VS. ROLAND WILLIAMS (L-0213-16, OCEAN COUNTY AND STATEWIDE) (2021) njsuperctappdiv · cites it 2× “The 5 Evidently, federal regulators rate the safety of interstate motor carriers, 49 C.F.R. § 385.5 , and among the factors considered are "indicators of preventable accidents" and "whether .”
Gulick Trucking, Inc. v. State Of Washington Employment Security Department (2018) washctapp “13; and Gulick’s right to place equipment out of service that did not meet federal standards, 49 C.F.R. § 385.5 . 11 No. 49646-1-II and held that RCW 50.”
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