§ 385.421 - Under what circumstances will a safety permit be subject to revocation or suspension by FMCSA?

§ 385.421 Under what circumstances will a safety permit be subject to revocation or suspension by FMCSA?

Cross Reference

Link to an amendment published at 78 FR 52650, Aug. 23, 2013.

Cross Reference

Link to a delay published at 80 FR 63702, Oct. 21, 2015.

Cross Reference

Link to an amendment published at 80 FR 63708, Oct. 21, 2015.

Cross Reference

Link to a delay published at 81 FR 49553, July 28, 2016.

(a) Grounds. A safety permit will be subject to revocation or suspension by FMCSA for the following reasons:

(1) A motor carrier fails to submit a renewal application (Form MCS-150BMCSA–1) in accordance with the schedule set forth in § 390.19(a)(2) and (a)(3) of this chapter; part 390, subpart E, of this subchapter.

(2) A motor carrier provides any false or misleading information on its application form (Form MCS-150BMCSA–1) or as part of updated information it is providing on Form MCS-150B MCSA–1 (see § 385.405(d)).

(3) A motor carrier is issued a final safety rating that is less than Satisfactory;

(4) A motor carrier fails to maintain a satisfactory security plan as set forth in § 385.407(b);

(5) A motor carrier fails to comply with applicable requirements in the FMCSRs, the HMRs, or compatible State requirements governing the transportation of hazardous materials, in a manner showing that the motor carrier is not fit to transport the hazardous materials listed in § 385.403;

(6) A motor carrier fails to comply with an out-of-service order;

(7) A motor carrier fails to comply with any other order issued under the FMCSRs, the HMRs, or compatible State requirements governing the transportation of hazardous materials, in a manner showing that the motor carrier is not fit to transport the hazardous materials listed in § 385.403;

(8) A motor carrier fails to maintain the minimum financial responsibility required by § 387.9 of this chapter or an applicable State requirement;

(9) A motor carrier fails to maintain current hazardous materials registration with the Pipeline and Hazardous Materials Safety Administration; or

(10) A motor carrier loses its operating rights or has its registration suspended in accordance with § 386.83 or § 386.84 of this chapter for failure to pay a civil penalty or abide by a payment plan.

(b) Determining whether a safety permit is revoked or suspended. A motor carrier's safety permit will be suspended the first time any of the conditions specified in paragraph (a) of this section are found to apply to the motor carrier. A motor carrier's safety permit will be revoked if any of the conditions specified in paragraph (a) of this section are found to apply to the motor carrier and the carrier's safety permit has been suspended in the past for any of the reasons specified in paragraph (a) of this section.

(c) Effective date of suspension or revocation. A suspension or revocation of a safety permit is effective:

(1) Immediately after FMCSA determines that an imminent hazard exists, after FMCSA issues a final safety rating that is less than Satisfactory, or after a motor carrier loses its operating rights or has its registration suspended for failure to pay a civil penalty or abide by a payment plan;

(2) Thirty (30) days after service of a written notification that FMCSA proposes to suspend or revoke a safety permit, if the motor carrier does not submit a written request for administrative review within that time period; or

(3) As specified in § 385.423(c), when the motor carrier submits a written request for administrative review of FMCSA's proposal to suspend or revoke a safety permit.

(4) A motor carrier whose safety permit has been revoked will not be issued a replacement safety permit or temporary safety permit for 365 days from the time of revocation.

[69 FR 39367, June 30, 2004, as amended at 78 FR 58481, Sept. 24, 2013; 80 FR 63708, Oct. 21, 2015]

Effective Date Note

Effective Date Note:

At 82 FR 5305, Jan. 17, 2017, § 385.421 was suspended, effective Jan. 14, 2017.