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Upgrading or contesting a safety rating
  • In response to a safety rating, carriers may contest the given rating by requesting either an administrative review or a rating change.

Under 385.15 and 385.17, motor carriers have the right to petition for a review of their ratings if there are factual or procedural disputes, and to request another review after corrective actions have been taken:

  • Administrative reviews — Requests for an administrative review must be made within 90 days of the date of the proposed or final safety rating, or within 90 days after denial of a request for a change in rating. If the proposed rating is “unsatisfactory,” the request should be made within 15 days or the carrier risks being placed out of service before the Federal Motor Carrier Safety Administration (FMCSA) has time to complete its review. (385.15)
  • Requests for rating change — 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. The request must be based on evidence that the carrier has taken corrective actions and that its operations currently meet the safety standards. (385.17)

Auditing of intermodal equipment providers

The FMCSA does not assign safety ratings to intermodal equipment providers. Rather, the agency performs “roadability reviews” to verify compliance with Parts 390, 393, and 396. After such a review, the FMCSA may cite the intermodal equipment provider for violations, impose civil penalties, forbid the use of particular pieces of equipment, or order the provider to stop tendering any equipment to motor carriers.