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Part 385: Safety Fitness Procedures
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Medical Form, 391.53, 391
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Part 385: Safety Fitness Procedures
Part
Regulation
Guidance
Subpart A - General
385.1
Purpose and scope
385.3
Definitions
385.4
Matter incorporated by reference.
385.5
Safety fitness standard
385.7
Factors to be considered in determining a safety rating
385.9
Determination of a safety rating
385.11
Notification of a safety rating
385.13
Unsatisfactory rated motor carriers梡rohibition on transportation of hazardous materials and passengers; ineligibility for Federal contracts
385.14
Motor carriers, brokers, and freight forwarders delinquent in paying civil penalties: prohibition on transportation.
385.15
Administrative review
385.17
Change to safety rating based on corrective actions
385.19
Safety fitness information
Subpart B - Safety Monitoring System for Mexico-Domiciled Carriers
385.101
Definitions
385.103
Safety monitoring system
385.105
Expedited action
385.107
The safety audit
385.109
The compliance review
385.111
Suspension and revocation of Mexico-domiciled carrier registration
385.113
Administrative review
385.115
Reapplying for provisional registration
385.117
Duration of safety monitoring system
385.119
Applicability of safety fitness and enforcement procedures
Subpart C - Certification of Safety Auditors, Safety Investigators, and Safety Inspectors
385.201
Who is qualified to perform a review of a motor carrier?
385.203
What are the requirements to obtain and maintain certification?
385.205
How can a person who has lost his or her certification be re-certified?
Subpart D - New Entrant Safety Assurance Program
385.301
What is a motor carrier required to do before beginning interstate operations?
385.303
How does a motor carrier register with the FMCSA?
385.305
What happens after the FMCSA receives a request for new entrant registration?
385.307
What happens after a motor carrier begins operations as a new entrant?
385.309
What is 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 conducted?
385.317
Will a safety audit result in a safety fitness determination by the FMCSA?
385.319
What happens after the completion of 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 DOT new entrant registration will be revoked?
385.323
May the FMCSA extend the period under �5.319(c) for a new entrant to take corrective action to remedy its safety management practices?
385.325
What happens after a new entrant has been notified under �5.319(c) to take corrective action to remedy its safety management practices?
385.327
What happens when a new entrant receives a notice under �5.319(c) that its new entrant registration will be revoked and it believes the FMCSA made an error in its determination?
385.329
May a new entrant that has had its U.S. DOT registration revoked and its operations placed out of service (OOS) reapply?
385.331
What happens if a new entrant operates a CMV after having been issued an order placing its interstate operations out of service (OOS)?
385.333
What happens at the end of the 18-month safety monitoring period?
385.335
If the FMCSA conducts a compliance review on a new entrant, will the new entrant also be subject to a safety audit?
385.337
What happens if a new entrant refuses to permit a safety audit to be performed on its operations?
Subpart E - Hazardous Materials 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?
Yes
385.405
How does a motor carrier apply for a safety permit?
385.407
What conditions must a motor carrier satisfy for FMCSA to issue a safety permit?
385.409
When may a temporary safety permit 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 receives a proposed safety rating that is less than Satisfactory?
385.415
What operational requirements apply to the transportation of a hazardous material for which a permit is required?
Yes
385.417
Is a motor carrier's safety permit number available to others?
385.419
How long is a safety permit effective?
385.421
Under what circumstances will a safety permit be subject to revocation or suspension by FMCSA?
385.423
Does a motor carrier have a right to an administrative review of a denial, suspension, or revocation of a safety permit?
Appendix A to Part 385
Explanation of Safety Audit Evaluation Criteria
Appendix B to Part 385
Explanation of Safety Rating Process
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