§385.423 Administrative review of a denial, suspension, or revocation of a safety permit.

Question 1: How will FMCSA use SMS data as part of the HMSP review process?

Guidance: FMCSA will review the permit holder’s SMS scores monthly to determine if the carrier has exceeded intervention thresholds for either the HM BASIC or any two BASICs besides the HM BASIC for the preceding two consecutive months. Scores are based on carrier performance for the preceding 24 months according to CSA procedures. If the carrier has exceeded the HM BASIC or any other two BASICs for each month over a consecutive two-month period, FMCSA will identify the carrier for investigation with HM emphasis.

Question 2: What recourse does a carrier have if their HMSP is denied, suspended, or revoked based on the ongoing SMS analysis or other condition in section 385.421?

Guidance: The administrative review process in section 385.423 still applies. However, if the denial, suspension, or revocation is based on a proposed safety rating or final safety rating that is less than satisfactory, the carrier may request administrative review if it believes FMCSA has committed an error, as stated in §385.15. Additionally, a motor carrier may request an administrative review based on the request for an upgrade of a proposed or final safety rating of conditional or unsatisfactory based on submission of corrective action as stated in §385.17.

For other conditions for suspension or revocation listed in section 385.421, HMSP carriers still have the right to administrative review under section 385.423.