FMSCA Regulation 385

 

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 rating and 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.

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 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?

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 the completion of the safety audit?

385.321

§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 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?

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?

Subpart F

Intermodal Equipment Providers

385.501

Roadability review.

385.503

Results of roadability review.

Subpart G

Subpart G—Reserved

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

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.

Subpart J

Remedial Directives

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 directives.

385.809

[Reserved]

385.811

Proof of compliance with remedial directive.

385.815

Exemption for AOBRD users.

385.817

Administrative review.

385.819

Effect of failure to comply with remedical directive.

Appendix A

Appendix A to Part 385—Explanation of safety audit evaluation criteria

Appendix B

Appendix B to Part 385—Explanation of safety rating process

Appendix C

Appendix C to Part 385—Regulations Pertaining to Remedial Directives in Part 385, Subpart J