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When may a temporary safety permit be issued to a motor carrier?
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Regulations current to Aug 30, 2012
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 All Regulations
Part 385
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Subpart E - Hazardous materials safety permits
Code of Federal Regulations§ 385.409When may a temporary safety permit be issued to a motor carrier? (a) Temporary safety permit. If a motor carrier does not meet the criteria in §385.407(a), FMCSA may issue it a temporary safety permit. To obtain a temporary safety permit a motor carrier must certify on Form MCS-150B that it is operating in full compliance with the HMRs; with the FMCSRs, and/or comparable State regulations, whichever is applicable; and with the minimum financial responsibility requirements in part 387 of this chapter or in State regulations, whichever is applicable. (b) FMCSA will not issue a temporary safety permit to a motor carrier that:(1) Does not certify that it has a satisfactory security program as required in §385.407(b);(2) Has a crash rate in the top 30 percent of the national average as indicated in the FMCSA's MCMIS; or(3) Has a driver, vehicle, hazardous materials, or total out-of-service rate in the top 30 percent of the national average as indicated in the MCMIS.(c) A temporary safety permit shall be valid for 180 days after the date of issuance or until the motor carrier is assigned a new safety rating, whichever occurs first.(1) A motor carrier that receives a Satisfactory safety rating will be issued a safety permit (see §385.421). (2) A motor carrier that receives a less than Satisfactory safety rating is ineligible for a safety permit and will be subject to revocation of its temporary safety permit. Code of Federal Regulations249
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