49 C.F.R. § 385.9
Determination of a safety rating
(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.
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).
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). “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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