1、226 49 CFR Ch. III (10110 Edition) 384.407 met in order to begin issuing CDLs in the State. (g) States right to judicial review. Any State aggrieved by an adverse decision under this section may seek judicial review under 5 U.S.C. Chapter 7. (h) Validity of previously issued CDLs. A CDL issued by a
2、State prior to the date the State is prohibited from issuing CDLs in accordance with provi-sions of paragraph (a) of this section, will remain valid until its stated expi-ration date. 67 FR 49763, July 31, 2002 384.407 Emergency CDL grants. The FMCSA may provide grants of up to $1,000,000 per State
3、from funds made available under 49 U.S.C. 31107(a), to as-sist States whose CDL programs may fail to meet the compliance require-ments of subpart B of this part, but which are determined by the FMCSA to be making a good faith effort to com-ply with these requirements. 67 FR 49764, July 31, 2002 PART
4、 385SAFETY FITNESS PROCEDURES Subpart AGeneral Sec. 385.1 Purpose and scope. 385.3 Definitions and acronyms. 385.4 Matter incorporated by reference. 385.5 Safety fitness standard. 385.7 Factors to be considered in deter-mining a safety rating. 385.9 Determination of a safety rating. 385.11 Notificat
5、ion of safety rating and safe-ty fitness determination. 385.13 Unsatisfactory rated motor carriers; prohibition on transportation; ineligi-bility for Federal contracts. 385.14 Motor carriers, brokers, and freight forwarders delinquent in paying civil penalties: prohibition on transportation. 385.15
6、Administrative review. 385.17 Change to safety rating based upon corrective actions. 385.19 Safety fitness information. Subpart BSafety Monitoring System for Mexico-Domiciled Carriers 385.101 Definitons. 385.103 Safety monitoring system. 385.105 Expedited action. 385.107 The safety audit. 385.109 Th
7、e compliance review. 385.111 Suspension and revocation of Mex-ico-domiciled carrier registration. 385.113 Administrative review. 385.115 Reapplying for provisional registra-tion. 385.117 Duration of safety monitoring sys-tem. 385.119 Applicability of safety fitness and enforcement procedures. Subpar
8、t CCertification of Safety Auditors, Safety Investigators, and Safety Inspectors 385.201 Who is qualified to perform a review of a motor carrier or an intermodal equipment provider? 385.203 What are the requirements to obtain and maintain certification? 385.205 How can a person who has lost his or h
9、er certification be re-certified? Subpart DNew Entrant Safety Assurance Program 385.301 What is a motor carrier required to do before beginning interstate oper-ations? 385.303 How does a motor carrier register with the FMCSA? 385.305 What happens after the FMCSA re-ceives a request for new entrant r
10、egistra-tion? 305.306 What are the consequences of fur-nishing misleading information or mak-ing a false statement in connection with the registration process? 385.307 What happens after a motor carrier begins operations as a new entrant? 305.308 What may cause an expedited ac-tion? 385.309 What is
11、the purpose of the safety audit? 385.311 What will the safety audit consist of? 385.313 Who will conduct the safety audit? 385.315 Where will the safety audit be con-ducted? 385.317 Will a safety audit result in a safety fitness determination by the FMCSA? 385.319 What happens after the completion o
12、f the safety audit? 385.321 What failures of safety management practices disclosed by the safety audit will result in a notice to a new entrant that its USDOT new entrant registration will be revoked? 385.323 May FMCSA extend the period under 385.319(c) for a new entrant to take cor-rective action t
13、o remedy its safety man-agement practices? 385.325 What happens after a new entrant has been notified under 385.319(c) to take corrective action to remedy its safety management practices? 385.327 May a new entrant request an ad-ministrative review of a determination of a failed safety audit? VerDate
14、 Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00236 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-227 Federal Motor Carrier Safety Administration, DOT Pt. 385 385.329
15、 May a new entrant that has had its USDOT new entrant registration revoked and its operations placed out of service reapply? 385.331 What happens if a new entrant oper-ates a CMV after having been issued an order placing its interstate operations out of service? 385.333 What happens at the end of th
16、e 18- month safety monitoring period? 385.335 If the FMCSA conducts a compliance review on a new entrant, will the new en-trant also be subject to a safety audit? 385.337 What happens if a new entrant re-fuses to permit a safety audit to be per-formed on its operations? Subpart EHazardous Materials
17、Safety Permits 385.401 What is the purpose and scope of this subpart? 385.402 What definitions are used in this subpart? 385.403 Who must hold a safety permit? 385.405 How does a motor carrier apply for a safety permit? 385.407 What conditions must a motor car-rier satisfy for FMCSA to issue a safet
18、y permit? 385.409 When may a temporary safety per-mit be issued to a motor carrier? 385.411 Must a motor carrier obtain a safety permit if it has a State permit? 385.413 What happens if a motor carrier re-ceives a proposed safety rating that is less than Satisfactory? 385.415 What operational requir
19、ements apply to the transportation of a haz-ardous material for which a permit is re-quired? 385.417 Is a motor carriers safety permit number available to others? 385.419 How long is a safety permit effec-tive? 385.421 Under what circumstances will a safety permit be subject to revocation or suspens
20、ion by FMCSA? 385.423 Does a motor carrier have a right to an administrative review of a denial, sus-pension, or revocation of a safety per-mit? Subpart FIntermodal Equipment Providers 385.501 Roadability review. 385.503 Results of roadability review. Subpart G Reserved Subpart HSpecial Rules for Ne
21、w Entrant Non-North America-Domiciled Carriers 385.601 Scope of rules. 385.603 Application. 385.605 New entrant registration drivers li-cense and drug and alcohol testing re-quirements. 385.607 FMCSA action on the application. 385.609 Requirement to notify FMCSA of change in applicant information. A
22、PPENDIX TO SUBPART H OF PART 385EXPLA-NATION OF PRE-AUTHORIZATION SAFETY AUDIT EVALUATION CRITERIA FOR NON- NORTH AMERICA-DOMICILED MOTOR CAR-RIERS Subpart ISafety Monitoring System for Non-North America-Domiciled Carriers 385.701 Definitions. 385.703 Safety monitoring system. 385.705 Expedited acti
23、on. 385.707 The compliance review. 385.709 Suspension and revocation of non- North America-domiciled carrier reg-istration. 385.711 Administrative review. 385.713 Reapplying for new entrant registra-tion. 385.715 Duration of safety monitoring sys-tem. 385.717 Applicability of safety fitness and enfo
24、rcement procedures. Subpart JRemedial Directives 385.801 Purpose and scope. 385.803 Definitions and acronyms. 385.805 Events triggering issuance of reme-dial directive and proposed determina-tion of unfitness. 385.807 Notice and issuance of remedial di-rective. 385.809 Reserved 385.811 Proof of comp
25、liance with remedial directive. 385.813 Issuance and conditional rescission of proposed unfitness determination. 385.815 Exemption for AOBRD users. 385.817 Administrative review. 385.819 Effective of failure to comply with remedial directive. APPENDIX A TO PART 385EXPLANATION OF SAFETY AUDIT EVALUAT
26、ION CRITERIA APPENDIX B TO PART 385EXPLANATION OF SAFETY RATING PROCESS APPENDIX C TO PART 385REGULATIONS PER-TAINING TO REMEDIAL DIRECTIVES IN PART 385, SUBPART J AUTHORITY: 49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 1390113905, 31133, 31135, 31136, 31137(a), 31144, 31148, and 31502; Sec. 113(a), P
27、ub. L. 103 311; Sec. 408, Pub. L. 10488; Sec. 350, Pub. L. 10787; and 49 CFR 1.73. SOURCE: 53 FR 50968, Dec. 19, 1988, unless otherwise noted. EDITORIAL NOTE: Nomenclature changes to part 385 appear at 66 FR 49872, Oct. 1, 2001. VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00237 Fmt 80
28、10 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-228 49 CFR Ch. III (10110 Edition) 385.1 Subpart AGeneral 385.1 Purpose and scope. (a) This part establishes FMCSAs procedures to de
29、termine the safety fit-ness of motor carriers, to assign safety ratings, to direct motor carriers to take remedial action when required, and to prohibit motor carriers deter-mined to be unfit from operating a CMV. (b) This part establishes the safety assurance program for a new entrant motor carrier
30、 initially seeking to reg-ister with FMCSA to conduct inter-state operations. It also describes the consequences that will occur if the new entrant fails to maintain adequate basic safety management controls. (c) This part establishes the safety permit program for a motor carrier to transport the ty
31、pes and quantities of hazardous materials listed in 385.403. (d) The provisions of this part apply to all motor carriers subject to the re-quirements of this subchapter, except non-business private motor carriers of passengers. (e) Subpart F of this part establishes procedures to perform a roadabili
32、ty re-view of intermodal equipment pro-viders to determine their compliance with the applicable Federal Motor Car-rier Safety Regulations (FMCSRs). 65 FR 50934, Aug. 22, 2000, as amended at 67 FR 31982, May 13, 2002; 69 FR 39366, June 30, 2004; 73 FR 76818, Dec. 17, 2008; 75 FR 17240, Apr. 5, 2010 3
33、85.3 Definitions and acronyms. Applicable safety regulations or require-ments means 49 CFR chapter III, sub-chapter BFederal Motor Carrier Safe-ty Regulations or, if the carrier is an intrastate motor carrier subject to the hazardous materials safety permit re-quirements in subpart E of this part, t
34、he equivalent State standards; and 49 CFR chapter I, subchapter CHaz-ardous Materials Regulations. CMV means a commercial motor ve-hicle as defined in 390.5 of this sub-chapter. Commercial motor vehicle shall have the same meaning as described in 390.5 of this subchapter, except that this def-initio
35、n will also apply to intrastate motor vehicles subject to the haz-ardous materials safety permit require-ments of subpart E of this part. FMCSA means the Federal Motor Carrier Safety Administration. FMCSRs mean Federal Motor Carrier Safety Regulations (49 CFR parts 350 399). HMRs means the Hazardous
36、 Mate-rials Regulations (49 CFR parts 100 178). Motor carrier operations in commerce means commercial motor vehicle transportation operations either (1) In interstate commerce, or (2) Affecting interstate commerce. New entrant is a motor carrier not domiciled in Mexico that applies for a United Stat
37、es Department of Transpor-tation (DOT) identification number in order to initiate operations in inter-state commerce. New entrant registration is the reg-istration (US DOT number) granted a new entrant before it can begin inter-state operations in an 18-month moni-toring period. A safety audit must
38、be performed on a new entrants oper-ations within 18 months after receipt of its US DOT number and it must be found to have adequate basic safety management controls to continue oper-ating in interstate commerce at the end of the 18-month period. Preventable accident on the part of a motor carrier m
39、eans an accident (1) that involved a commercial motor ve-hicle, and (2) that could have been averted but for an act, or failure to act, by the motor carrier or the driver. Reviews. For the purposes of this part: (1) Compliance review means an on- site examination of motor carrier oper-ations, such a
40、s drivers hours of serv-ice, maintenance and inspection, driver qualification, commercial drivers li-cense requirements, financial responsi-bility, accidents, hazardous materials, and other safety and transportation records to determine whether a motor carrier meets the safety fitness stand-ard. A c
41、ompliance review may be con-ducted in response to a request to change a safety rating, to investigate potential violations of safety regula-tions by motor carriers, or to inves-tigate complaints or other evidence of VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00238 Fmt 8010 Sfmt 8010
42、Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-229 Federal Motor Carrier Safety Administration, DOT 385.4 safety violations. The compliance re-view may result in the initiation of an enforceme
43、nt action. (2) Safety audit means an examination of a motor carriers operations to pro-vide educational and technical assist-ance on safety and the operational re-quirements of the FMCSRs and appli-cable HMRs and to gather critical safe-ty data needed to make an assessment of the carriers safety per
44、formance and basic safety management controls. Safety audits do not result in safety ratings. (3) Safety management controls means the systems, policies programs, prac-tices, and procedures used by a motor carrier to ensure compliance with ap-plicable safety and hazardous materials regulations which
45、 ensure the safe movement of products and passengers through the transportation system, and to reduce the risk of highway acci-dents and hazardous materials inci-dents resulting in fatalities, injuries, and property damage. (4) Roadability review means an on- site examination of the intermodal equip
46、ment providers compliance with the applicable FMCSRs. RSPA means the Research and Spe-cial Programs Administration. Safety fitness determination means the final determination by FMCSA that a motor carrier meets the safety fitness standard under 385.5. Safety rating or rating means a rating of Satisf
47、actory, Conditional or Unsatisfactory, which the FMCSA assigns to a motor carrier using the factors prescribed in 385.7, as com-puted under the Safety Fitness Rating Methodology (SFRM) set forth in Ap-pendix B to this part and based on the carriers demonstration of adequate safety management control
48、s under 385.5(a). A safety rating of Satisfac-tory or Conditional is necessary, but not sufficient, to meet the overall safety fitness standard under 385.5. (1) Satisfactory safety rating means that a motor carrier has in place and functioning safety management con-trols adequate to meet that portio
49、n of the safety fitness standard prescribed in 385.5(a). Safety management con-trols are adequate for this purpose if they are appropriate for the size and type of operation of the particular motor carrier. (2) Conditional safety rating means a motor carrier does not have adequate safety management controls in place to ensure compliance with that portion of the safety fitness standard prescribed in 385.5(a), which
