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