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Electronic Code of Federal Regulations

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e-CFR Data is current as of October 29, 2014

Title 49Subtitle BChapter IIISubchapter BPart 385


TITLE 49—Transportation

Subtitle B—OTHER REGULATIONS RELATING TO TRANSPORTATION (CONTINUED)

CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS

PART 385—SAFETY FITNESS PROCEDURES

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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.
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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.
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Subpart C—CERTIFICATION OF SAFETY AUDITORS, SAFETY INVESTIGATORS, AND SAFETY INSPECTORS

§385.201
Who is qualified to perform a review of a motor carrier or an intermodal equipment provider?
§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?
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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?
§385.306
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?
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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?
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Subpart F—INTERMODAL EQUIPMENT PROVIDERS

§385.501
Roadability review.
§385.503
Results of roadability review.
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Subpart G—[RESERVED]

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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
Appendix to Subpart H of Part 385—Explanation of Pre-Authorization Safety Audit Evaluation Criteria for Non-North America-Domiciled Motor Carriers
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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.
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Subpart J—[RESERVED]

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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.
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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
Appendix A to Part 385—Explanation of Safety Audit Evaluation Criteria
Appendix
Appendix B to Part 385—Explanation of Safety Rating Process


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