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Regulations

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PART 385 -- : Title (SAFETY FITNESS PROCEDURES)

Subpart A - General

385.1 - Purpose and scope.

385.3 - Definitions.

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 safety fitness determination.

385.13 - Unsatisfactory rated motor carriers; prohibition on transportation; 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 upon 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 385.319(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 385.319(c) to take corrective action to remedy its safety management practices?

385.327 - What happens when a new entrant receives a notice under 385.319(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?

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?

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 - Explanation of Safety Audit Evaluation Criteria

Appendix B - Explanation of Safety Rating Process


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