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. § 385.9

Determination of a safety rating

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(a) Following a compliance review of a motor carrier operation, the FMCSA, using the factors prescribed in § 385.7 as computed under the Safety Fitness Rating Methodology set forth in appendix B of this part, shall determine whether the present operations of the motor carrier are consistent with the safety fitness standard set forth in § 385.5, and assign a safety rating accordingly.

(b) Unless otherwise specifically provided in this part, a safety rating will be issued to a motor carrier within 30 days following the completion of a compliance review.

[62 FR 60042, Nov. 6, 1997, as amended at 75 FR 17241, Apr. 5, 2010; 77 FR 28450, May 14, 2012]
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1997–2021 · leading case: A.D. Transp. Express, Inc. v. United States of Am. Fed. Motor Carrier Saf. Admin., 290 F.3d 761 (6th Cir. 2002).
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A.D. Transp. Express, Inc. v. United States of Am. Fed. Motor Carrier Saf. Admin., 290 F.3d 761 (6th Cir. 2002). “3 49 C.F.R. § 385.9 . Once a “conditional” or “unsatisfactory” safety rating is assigned, a motor carrier may correct its deficiencies and request a rating change at any time.”
Transam Trucking, Inc. v. Fed. Motor Carrier Saf. Admin., 808 F.3d 1205 (10th Cir. 2015). · cites it 2× “See 49 C.F.R. § 385.9 (a) (explaining process of assigning safety ratings following compliance review).”
Mst Express & Truckers United for Saf. v. Dep't of Transp. & Fed. High. Admin., 108 F.3d 401 (D.C. Cir. 1997). “49 C.F.R. § 385.9 . Section 385.7 lists a number of factors that the agency considers in determining a motor carrier’s safety rating, such as the adequacy of safety management controls; the frequency and severity of regulatory violations; the number and severity of violations of…”
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. § 385.9 . An FMCSA compliance review is “an on-site examination of motor carrier operations .”
Spencer v. NH State Police (D.N.H. 2021). “43-1 at 2; see also 49 C.F.R. § 385.9 . An FMCSA compliance review is “an on-site examination of motor carrier operations .”
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