§ 385.409 - When may a temporary safety permit be issued to a motor carrier?

§ 385.409 When may a temporary safety permit be issued to a motor carrier?

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) Temporary safety permit. If a motor carrier does not meet the criteria in of § 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 MCSA–1, the URS online application, 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 chaptersubchapter 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.

(d) If a motor carrier has not received a safety rating within the 180-day time period, FMCSA will extend the effective date of the temporary safety permit for an additional 60 days, provided the motor carrier demonstrates that it is continuing to operate in full compliance with the FMCSRs and HMRs.

[69 FR 39367, June 30, 2004, as amended at 80 FR 63708, Oct. 21, 2015]

Effective Date Note

Effective Date Note:

At 82 FR 5305, Jan. 17, 2017, § 385.409 was suspended, effective Jan. 14, 2017.