Safety rating determination

Scope

These regulations apply to all motor carriers, drivers, and commercial motor vehicles (CMVs) that transport property or passengers in interstate commerce.

Regulatory citations

• 49 CFR Part 385 — Safety fitness procedures

Key definitions

• Commercial motor vehicle (CMV): A self-propelled or towed motor vehicle used on a highway, in interstate commerce, that meets any one of the following criteria:
  • Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight (GVW) or gross combination weight (GCW), of 10,001 pounds or more, whichever is greater; or
  • Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
  • Is designed or used to transport more than 15 passengers (including the driver), and not used to transport passengers for compensation; or
  • Is transporting hazardous materials of a type or quantity which requires placarding.

Summary of requirements

The following table is used to determine a motor carrier’s overall safety rating:

Written notice. Within 30 days of the compliance review, the carrier will receive written notification of the safety rating resulting from the compliance review. This written notice will be issued by the Federal Motor Carrier Safety Administration’s (FMCSA) headquarters office. The notification will include a list of Federal Motor Carrier Safety Regulation and Hazardous Materials Regulation compliance deficiencies which the motor carrier must correct.

If the safety rating is “satisfactory” or improves from a previous “unsatisfactory” rating, it is final and becomes effective on the date of the notice. In all other cases, a notice of a proposed safety rating will be issued.

Proposed safety rating. The proposed safety rating becomes the final safety rating:

• 45 days after notice for motor carriers transporting materials in quantities requiring placarding or transporting passengers; or
• 60 days after the date of notice for all other motor carriers.

“Unsatisfactory” safety rating. A proposed safety rating of “unsatisfactory” is a notice to the motor carrier that the FMCSA has made a preliminary determination that the motor carrier is “unfit” to continue operating in interstate commerce and that prohibitions will be imposed after 45 or 60 days if necessary safety improvements are not made.

• Motor carriers transporting hazardous materials in quantities requiring placarding or transporting passengers by commercial motor vehicle (CMV), are prohibited from operating a CMV beginning on the 46th day after the date of FMCSA’s notice of proposed “unsatisfactory” rating
• All other motor carriers are prohibited from operating a CMV beginning on the 61st day after the date of FMCSA’s notice of proposed “unsatisfactory” rating. If the FMCSA determines the motor carrier is making a good-faith effort to improve its safety fitness, the FMCSA may allow the motor carrier to operate for up to 60 additional days.

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

The carrier must base its request upon evidence that it has taken corrective actions and that its operations currently meet the safety standard. The written request must include:

• A description of the corrective actions taken, and
• Any other documentation the carrier wants the FMCSA to consider.

The FMCSA will make its decision based on the evidence submitted, and any additional relevant information.

The FMCSA will perform reviews of requests made by motor carriers with a proposed or final “unsatisfactory” safety rating:

• Within 30 days after the motor carrier’s request if the motor carrier transports materials in quantities requiring placarding or transports passengers by CMV; and
• Within 45 days after the motor carrier’s request for all other motor carriers.

The filing of a request for change of a proposed or final safety rating does not stay the 45-day period for motor carriers transporting passengers or hazardous materials in quantities requiring placarding.

The FMCSA may allow all other motor carriers that would be placed out of service on the 61st day after the carrier receives a notice of proposed “unsatisfactory” rating to continue operating for an additional 60 days if the FMCSA determines the carrier is making a good faith effort to improve its safety status.

If the FMCSA determines the motor carrier has taken the corrective actions required and its operations currently meet the safety standard, the FMCSA will notify the motor carrier in writing of its upgraded safety rating.

If the FMCSA determines the motor carrier has not taken the corrective actions required and its operations still fail to meet the safety standard, the FMCSA will notify the motor carrier in writing.

Any motor carrier whose request for change is denied may request an administrative review. The motor carrier must make the request within 90 days of the denial of the request for a rating change.

If the proposed rating becomes final, it will remain in effect during the period of administrative review.

Administrative review. A motor carrier may request the FMCSA conduct an administrative review if it believes the FMCSA made an error in assigning its proposed or final safety rating.

The motor carrier must submit a written request that explains the error the motor carrier believes the FMCSA committed in issuing the safety rating. The written request must include:

• A list of all factual and procedural issues in dispute; and
• Any information or documents that support the argument.

The request must be submitted:

• Within 15 days from the date the motor carrier receives a notice of a proposed “unsatisfactory” safety rating; and
• Within 90 days of the date of a proposed or final safety rating; and
• Within 90 days after denial of a request for a change in rating under the corrective actions provisions.

The FMCSA may ask the motor carrier to submit additional data and attend a conference to discuss the safety rating. If the carrier does not submit additional data or attend the conference, the FMCSA may dismiss the request for review.

The FMCSA will notify the motor carrier in writing of its decision following the administrative review. The FMCSA will complete its review:

• Within 30 days after receiving a request from a hazardous materials or passenger motor carrier that has received a proposed or final “unsatisfactory” rating; or
• Within 45 days after receiving a request from any other motor carrier that has received a proposed or final “unsatisfactory” rating.

This decision constitutes final FMCSA action.

Obtaining safety fitness information. The final safety rating assigned to a motor carrier is available to the public upon request. The requestor must provide the FMCSA with the:

• Motor carrier’s name;
• Principal office address; and
• USDOT number or ICCMC docket number (if known).

Requests should be addressed to: Federal Motor Carrier Safety Administration, Office of Registration and Safety Information (MC-RS), 1200 New Jersey Ave., SE. Washington, DC 20590.

The information can also be found at the SAFER website. Requests by telephone to (800) 832-5660 will be given a verbal response.

Final safety ratings are available to other federal and state agencies in writing, by telephone, or by remote computer access.