Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 49 - Transportation |
Subtitle B - Other Regulations Relating to Transportation |
Chapter III - Federal Motor Carrier Safety Administration, Department of Transportation |
SubChapter B - Federal Motor Carrier Safety Regulations |
Part 385 - Safety Fitness Procedures |
§ 385.23 - Failure to report. |
Subpart A - General |
§ 385.1 - Purpose and scope. |
§ 385.3 - Definitions and acronyms. |
§ 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 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. |
§ 385.21 - Separation of functions. |
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 safety audit or investigation, including review, of a motor carrier or an intermodal equipment provider? |
§ 385.203 - What are the requirements to obtain and maintain certification to perform a safety audit or investigation, including review? |
§ 385.205 - How can an individual who has lost certification to perform a safety audit or investigation, including review, be re-certified? |
§ 385.207 - What are the requirements to obtain and maintain certification to conduct driver or vehicle inspections? |
Subpart D - New Entrant Safety Assurance Program |
§ 385.301 - What is a motor carrier required to do before beginning interstate operations? |
§ 385.302 - [Reserved] |
§ 385.303 - How does a motor carrier register with the FMCSA? |
§ 385.304 - [Reserved] |
§ 385.305 - What happens after the FMCSA receives a request for new entrant registration? |
§ 385.306 - What are the consequences of furnishing misleading information or making a false statement in connection with the registration process? |
§ 385.307 - What happens after a motor carrier begins operations as a new entrant? |
§ 385.308 - What may cause an expedited action? |
§ 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 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 USDOT new entrant registration will be revoked? |
§ 385.323 - May 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 - May a new entrant request an administrative review of a determination of a failed safety audit? |
§ 385.329 - May a new entrant that has had its USDOT new entrant registration revoked and its operations placed out of service 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? |
§ 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? |
Pt. 385, App. B |
§ 385.301T - What is a motor carrier required to do before beginning interstate operations? |
§ 385.303T - How does a motor carrier register with the FMCSA? |
§ 385.305T - What happens after the FMCSA receives a request for new entrant registration? |
§ 385.329T - May a new entrant that has had its USDOT new entrant registration revoked and its operations placed out of service reapply? |
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? |
§ 385.421T - Under what circumstances will a safety permit be subject to revocation or suspension by FMCSA? |
§ 385.405T - How does a motor carrier apply for a safety permit? |
§ 385.409T - When may a temporary safety permit be issued to a motor carrier? |
§ 385.419T - How long is a safety permit effective? |
Subpart F - Intermodal Equipment Providers |
§ 385.501 - Roadability review. |
§ 385.503 - Results of roadability review. |
Subpart G - XXX |
Subpart H - Special Rules for New Entrant Non-North America-Domiciled Carriers |
§ 385.601 - Scope of rules. |
§ 385.603 - Application. |
§ 385.605 - New entrant registration driver's license and drug and alcohol testing requirements. |
§ 385.607 - FMCSA action on the application. |
§ 385.609 - Requirement to notify FMCSA of change in applicant information. |
Appendix to Subpart H of Part 385 - Explanation of Pre-Authorization Safety Audit Evaluation Criteria for Non-North America-Domiciled Motor Carriers |
§ 385.603T - Application. |
§ 385.607T - FMCSA action on the application. |
§ 385.609T - Requirement to notify FMCSA of change in applicant information. |
Subpart I - Safety Monitoring System for Non-North American Carriers |
§ 385.701 - Definitions. |
§ 385.703 - Safety monitoring system. |
§ 385.705 - Expedited action. |
§ 385.707 - The compliance review. |
§ 385.709 - Suspension and revocation of non-North America-domiciled carrier registration. |
§ 385.711 - Administrative review. |
§ 385.713 - Reapplying for new entrant registration. |
§ 385.715 - Duration of safety monitoring system. |
§ 385.717 - Applicability of safety fitness and enforcement procedures. |
§ 385.713T - Reapplying for new entrant registration. |
Subpart J - XXX |
§ 385.801 - Purpose and scope. |
§ 385.803 - Definitions and acronyms. |
§ 385.805 - Events triggering issuance of remedial directive and proposed determination of unfitness. |
§ 385.807 - Notice and issuance of remedial directive. |
§ 385.809 - [Reserved] |
§ 385.811 - Proof of compliance with remedial directive. |
§ 385.813 - Issuance and conditional rescission of proposed unfitness determination. |
§ 385.815 - Exemption for AOBRD users. |
§ 385.817 - Administrative review. |
§ 385.819 - Effect of failure to comply with remedial directive. |
Appendix C to Part 385 - Regulations Pertaining to Remedial Directives in Part 385, Subpart J |
Subpart K - Pattern or Practice of Safety Violations by Motor Carrier Management |
§ 385.901 - Applicability. |
§ 385.903 - Definitions. |
§ 385.905 - Suspension or revocation of registration. |
§ 385.907 - Regulatory noncompliance. |
§ 385.909 - Pattern or practice. |
§ 385.911 - Suspension proceedings. |
§ 385.913 - Revocation proceedings. |
§ 385.915 - Petitions for rescission. |
§ 385.917 - Other orders unaffected; not exclusive remedy. |
§ 385.919 - Penalties. |
§ 385.921 - Service and computation of time. |
Subpart L - Reincarnated Carriers |
§ 385.1001 - Applicability. |
§ 385.1003 - Definitions. |
§ 385.1005 - Prohibition. |
§ 385.1007 - Determination of violation. |
§ 385.1009 - Suspension proceedings. |
§ 385.1011 - Revocation proceedings. |
§ 385.1013 - Petitions for rescission. |
§ 385.1015 - Other orders unaffected; not exclusive remedy. |
§ 385.1017 - Penalties. |
§ 385.1019 - Service and computation of time. |
Appendix A to Part 385 - Explanation of Safety Audit Evaluation Criteria |
Appendix B to Part 385 - Explanation of Safety Rating Process |