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Safety Fitness, Audits & Enforcement — FMCSA Compliance, Answered From the CFR

Safety fitness determinations, new-entrant safety audits, compliance reviews, the rules of practice for enforcement, and the general applicability provisions that define who is regulated — from 49 CFR Parts 385, 386 and 390.

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224 questions in this guide

49 CFR 385.3What do satisfactory, conditional, and unsatisfactory safety ratings mean under 49 CFR 385.3?49 CFR 385.1What does 49 CFR 385.1 (Purpose and scope) require?49 CFR 385.1001What does 49 CFR 385.1001 (Applicability) require?49 CFR 385.1005What does 49 CFR 385.1005 (Prohibition) require?49 CFR 385.1007What does 49 CFR 385.1007 (Determination of violation) require?49 CFR 385.1009What does 49 CFR 385.1009 (Suspension proceedings) require?49 CFR 385.101What does 49 CFR 385.101 (Definitions) require?49 CFR 385.1011What does 49 CFR 385.1011 (Revocation proceedings) require?49 CFR 385.1013What does 49 CFR 385.1013 (Petitions for rescission) require?49 CFR 385.1015What does 49 CFR 385.1015 (Other orders unaffected; not exclusive remedy) require?49 CFR 385.1017What does 49 CFR 385.1017 (Penalties) require?49 CFR 385.1019What does 49 CFR 385.1019 (Service and computation of time) require?49 CFR 385.103What does 49 CFR 385.103 (Safety monitoring system) require?49 CFR 385.105What does 49 CFR 385.105 (Expedited action) require?49 CFR 385.107What does 49 CFR 385.107 (The safety audit) require?49 CFR 385.109What does 49 CFR 385.109 (The compliance review) require?49 CFR 385.11What does 49 CFR 385.11 (Notification of safety fitness determination) require?49 CFR 385.111What does 49 CFR 385.111 (Suspension and revocation of Mexico-domiciled carrier registration) require?49 CFR 385.113What does 49 CFR 385.113 (Administrative review) require?49 CFR 385.115What does 49 CFR 385.115 (Reapplying for provisional registration) require?49 CFR 385.117What does 49 CFR 385.117 (Duration of safety monitoring system) require?49 CFR 385.119What does 49 CFR 385.119 (Applicability of safety fitness and enforcement procedures) require?49 CFR 385.13What does 49 CFR 385.13 (Unsatisfactory rated motor carriers; prohibition on transportation; ineligibility for Federal contracts) require?49 CFR 385.14What does 49 CFR 385.14 (Motor carriers, brokers, and freight forwarders delinquent in paying civil penalties: prohibition on transportation) require?49 CFR 385.15What does 49 CFR 385.15 (Administrative review) require?49 CFR 385.17What does 49 CFR 385.17 (Change to safety rating based upon corrective actions) require?49 CFR 385.19What does 49 CFR 385.19 (Safety fitness information) require?49 CFR 385.201What does 49 CFR 385.201 (Qualifications for performing a safety audit or investigation) require?49 CFR 385.203What does 49 CFR 385.203 (Certification requirements for performing a safety audit or investigation) require?49 CFR 385.205What does 49 CFR 385.205 (Requirements for re-certification) require?49 CFR 385.207What does 49 CFR 385.207 (Requirements to obtain and maintain certification to conduct driver or vehicle inspections) require?49 CFR 385.21What does 49 CFR 385.21 (Separation of functions) require?49 CFR 385.3What does 49 CFR 385.3 (Definitions and acronyms) require?49 CFR 385.301What does 49 CFR 385.301 (Requirements before beginning interstate operations) require?49 CFR 385.301TWhat does 49 CFR 385.301T (Requirements before beginning interstate operations) require?49 CFR 385.303TWhat does 49 CFR 385.303T (How to register with FMCSA) require?49 CFR 385.305What does 49 CFR 385.305 (Completing the registration process) require?49 CFR 385.305TWhat does 49 CFR 385.305T (Completing the registration process) require?49 CFR 385.306What does 49 CFR 385.306 (Consequences of furnishing misleading information or making a false statement) require?49 CFR 385.307What does 49 CFR 385.307 (New entrant safety monitoring procedures) require?49 CFR 385.308What does 49 CFR 385.308 (Expedited safety audits and compliance reviews of new entrants) require?49 CFR 385.309What does 49 CFR 385.309 (Safety audit: Purpose) require?49 CFR 385.311What does 49 CFR 385.311 (Safety audit: Scope) require?49 CFR 385.313What does 49 CFR 385.313 (Safety audit: Auditor) require?49 CFR 385.315What does 49 CFR 385.315 (Safety audit: Location) require?49 CFR 385.317What does 49 CFR 385.317 (Safety audit: Safety fitness determination) require?49 CFR 385.319What does 49 CFR 385.319 (Safety audit: Completion) require?49 CFR 385.321What does 49 CFR 385.321 (Safety audit: Failure) require?49 CFR 385.323What does 49 CFR 385.323 (Safety audit: Extensions for corrective action) require?49 CFR 385.325What does 49 CFR 385.325 (Safety audit: Outcomes of a corrective action notice) require?49 CFR 385.327What does 49 CFR 385.327 (Safety audit: Administrative review) require?49 CFR 385.329What does 49 CFR 385.329 (Re-application) require?49 CFR 385.329TWhat does 49 CFR 385.329T (Re-application) require?49 CFR 385.331What does 49 CFR 385.331 (New entrant violation of out-of-service order) require?49 CFR 385.333What does 49 CFR 385.333 (Conclusion of 18-month safety monitoring period) require?49 CFR 385.335What does 49 CFR 385.335 (Compliance review in lieu of safety audit) require?49 CFR 385.337What does 49 CFR 385.337 (New entrant refusal to permit safety audit) require?49 CFR 385.4What does 49 CFR 385.4 (Matter incorporated by reference) require?49 CFR 385.401What does 49 CFR 385.401 (Hazardous materials safety permits: Purpose and scope) require?49 CFR 385.403What does 49 CFR 385.403 (Prohibited transportation without safety permit) require?49 CFR 385.405What does 49 CFR 385.405 (Application for safety permit) require?49 CFR 385.405TWhat does 49 CFR 385.405T (Application for safety permit) require?49 CFR 385.407What does 49 CFR 385.407 (Requirements for a safety permit) require?49 CFR 385.409What does 49 CFR 385.409 (Temporary safety permit) require?49 CFR 385.409TWhat does 49 CFR 385.409T (Temporary safety permit) require?49 CFR 385.411What does 49 CFR 385.411 (State-issued safety permit) require?49 CFR 385.413What does 49 CFR 385.413 (Proposed safety rating less than Satisfactory) require?49 CFR 385.415What does 49 CFR 385.415 (Operational requirements for the transportation of a hazardous material for which a permit is required) require?49 CFR 385.417What does 49 CFR 385.417 (Availability of motor carrier's safety permit number) require?49 CFR 385.419What does 49 CFR 385.419 (Effective period of safety permit) require?49 CFR 385.419TWhat does 49 CFR 385.419T (Effective period of safety permit) require?49 CFR 385.421What does 49 CFR 385.421 (Revocation or suspension of safety permit) require?49 CFR 385.421TWhat does 49 CFR 385.421T (Revocation or suspension of safety permit) require?49 CFR 385.423What does 49 CFR 385.423 (Administrative review of a denial, suspension, or revocation of a safety permit) require?49 CFR 385.5What does 49 CFR 385.5 (Safety fitness standard) require?49 CFR 385.501What does 49 CFR 385.501 (Roadability review) require?49 CFR 385.503What does 49 CFR 385.503 (Results of roadability review) require?49 CFR 385.601What does 49 CFR 385.601 (Scope of rules) require?49 CFR 385.603What does 49 CFR 385.603 (Application) require?49 CFR 385.603TWhat does 49 CFR 385.603T (Application) require?49 CFR 385.605What does 49 CFR 385.605 (New entrant registration driver's license and drug and alcohol testing requirements) require?49 CFR 385.607What does 49 CFR 385.607 (FMCSA action on the application) require?49 CFR 385.607TWhat does 49 CFR 385.607T (FMCSA action on the application) require?49 CFR 385.609What does 49 CFR 385.609 (Requirement to notify FMCSA of change in applicant information) require?49 CFR 385.609TWhat does 49 CFR 385.609T (Requirement to notify FMCSA of change in applicant information) require?49 CFR 385.7What does 49 CFR 385.7 (Factors to be considered in determining a safety rating) require?49 CFR 385.703What does 49 CFR 385.703 (Safety monitoring system) require?49 CFR 385.705What does 49 CFR 385.705 (Expedited action) require?49 CFR 385.707What does 49 CFR 385.707 (The compliance review) require?49 CFR 385.709What does 49 CFR 385.709 (Suspension and revocation of non-North America-domiciled carrier registration) require?49 CFR 385.711What does 49 CFR 385.711 (Administrative review) require?49 CFR 385.713What does 49 CFR 385.713 (Reapplying for new entrant registration) require?49 CFR 385.713TWhat does 49 CFR 385.713T (Reapplying for new entrant registration) require?49 CFR 385.715What does 49 CFR 385.715 (Duration of safety monitoring system) require?49 CFR 385.717What does 49 CFR 385.717 (Applicability of safety fitness and enforcement procedures) require?49 CFR 385.9What does 49 CFR 385.9 (Determination of a safety rating) require?49 CFR 385.901What does 49 CFR 385.901 (Applicability) require?49 CFR 385.905What does 49 CFR 385.905 (Suspension or revocation of registration) require?49 CFR 385.907What does 49 CFR 385.907 (Regulatory noncompliance) require?49 CFR 385.911What does 49 CFR 385.911 (Suspension proceedings) require?49 CFR 385.913What does 49 CFR 385.913 (Revocation proceedings) require?49 CFR 385.915What does 49 CFR 385.915 (Petitions for rescission) require?49 CFR 385.917What does 49 CFR 385.917 (Other orders unaffected; not exclusive remedy) require?49 CFR 385.919What does 49 CFR 385.919 (Penalties) require?49 CFR 385.921What does 49 CFR 385.921 (Service and computation of time) require?49 CFR 385.307What does the new entrant safety assurance program require under 49 CFR Part 385?49 CFR 385.5What is the safety fitness standard under 49 CFR 385.5?49 CFR 386.1What does 49 CFR 386.1 (Scope of the rules in this part) require?49 CFR 386.11What does 49 CFR 386.11 (Commencement of proceedings) require?49 CFR 386.12What does 49 CFR 386.12 (Complaints) require?49 CFR 386.13What does 49 CFR 386.13 (Petitions to review and request for hearing: Driver qualification proceedings) require?49 CFR 386.14What does 49 CFR 386.14 (Reply) require?49 CFR 386.16What does 49 CFR 386.16 (Action on replies to the Notice of Claim) require?49 CFR 386.17What does 49 CFR 386.17 (Intervention) require?49 CFR 386.18What does 49 CFR 386.18 (Payment of the claim) require?49 CFR 386.2What does 49 CFR 386.2 (Definitions) require?49 CFR 386.22What does 49 CFR 386.22 (Settlement agreements and their contents) require?49 CFR 386.3What does 49 CFR 386.3 (Separation of functions) require?49 CFR 386.30What does 49 CFR 386.30 (Enforcement proceedings under part 395) require?49 CFR 386.31What does 49 CFR 386.31 (Official notice) require?49 CFR 386.34What does 49 CFR 386.34 (Motions) require?49 CFR 386.35What does 49 CFR 386.35 (Motions to dismiss and motions for a more definite statement) require?49 CFR 386.36What does 49 CFR 386.36 (Motions for Final Order) require?49 CFR 386.37What does 49 CFR 386.37 (Discovery) require?49 CFR 386.38What does 49 CFR 386.38 (Scope of discovery) require?49 CFR 386.39What does 49 CFR 386.39 (Protective orders) require?49 CFR 386.4What does 49 CFR 386.4 (Appearances and rights of parties) require?49 CFR 386.40What does 49 CFR 386.40 (Supplementation of responses) require?49 CFR 386.41What does 49 CFR 386.41 (Stipulations regarding discovery) require?49 CFR 386.42What does 49 CFR 386.42 (Written interrogatories to parties) require?49 CFR 386.43What does 49 CFR 386.43 (Production of documents and other evidence; entry upon land for inspection and other purposes; and physical and mental examination) require?49 CFR 386.44What does 49 CFR 386.44 (Request for admissions) require?49 CFR 386.45What does 49 CFR 386.45 (Motion to compel discovery) require?49 CFR 386.46What does 49 CFR 386.46 (Depositions) require?49 CFR 386.47What does 49 CFR 386.47 (Use of deposition at hearings) require?49 CFR 386.48What does 49 CFR 386.48 (Medical records and physicians' reports) require?49 CFR 386.49What does 49 CFR 386.49 (Form of written evidence) require?49 CFR 386.5What does 49 CFR 386.5 (Form of filings and extensions of time) require?49 CFR 386.51What does 49 CFR 386.51 (Amendment and withdrawal of pleadings) require?49 CFR 386.52What does 49 CFR 386.52 (Appeals from interlocutory rulings) require?49 CFR 386.53What does 49 CFR 386.53 (Subpoenas, witness fees) require?49 CFR 386.54What does 49 CFR 386.54 (Administrative Law Judge) require?49 CFR 386.55What does 49 CFR 386.55 (Prehearing conferences) require?49 CFR 386.56What does 49 CFR 386.56 (Hearings) require?49 CFR 386.57What does 49 CFR 386.57 (Proposed findings of fact, conclusions of law) require?49 CFR 386.58What does 49 CFR 386.58 (Burden of proof) require?49 CFR 386.6What does 49 CFR 386.6 (Service) require?49 CFR 386.61What does 49 CFR 386.61 (Decision) require?49 CFR 386.62What does 49 CFR 386.62 (Review of administrative law judge's decision) require?49 CFR 386.63What does 49 CFR 386.63 (Decision on review) require?49 CFR 386.64What does 49 CFR 386.64 (Reconsideration) require?49 CFR 386.65What does 49 CFR 386.65 (Failure to comply with final order) require?49 CFR 386.66What does 49 CFR 386.66 (Motions for rehearing or for modification) require?49 CFR 386.67What does 49 CFR 386.67 (Judicial review) require?49 CFR 386.7What does 49 CFR 386.7 (Filing of documents) require?49 CFR 386.71What does 49 CFR 386.71 (Injunctions) require?49 CFR 386.72What does 49 CFR 386.72 (Imminent hazard) require?49 CFR 386.73What does 49 CFR 386.73 (Operations out of service and record consolidation proceedings (reincarnated carriers)) require?49 CFR 386.8What does 49 CFR 386.8 (Computation of time) require?49 CFR 386.81What does 49 CFR 386.81 (General) require?49 CFR 386.82What does 49 CFR 386.82 (Civil penalties for violations of notices and orders) require?49 CFR 386.83What does 49 CFR 386.83 (Sanction for failure to pay civil penalties or abide by payment plan; operation in interstate commerce prohibited) require?49 CFR 386.84What does 49 CFR 386.84 (Sanction for failure to pay civil penalties or abide by payment plan; suspension or revocation of registration) require?49 CFR 390.15What are accident recordkeeping requirements for trucking fleets?49 CFR 390.21What are the USDOT number marking requirements under 49 CFR 390.21?49 CFR 390.1What does 49 CFR 390.1 (Purpose) require?49 CFR 390.101What does 49 CFR 390.101 (Scope) require?49 CFR 390.103What does 49 CFR 390.103 (Eligibility requirements for medical examiner certification) require?49 CFR 390.105What does 49 CFR 390.105 (Medical examiner training programs) require?49 CFR 390.107What does 49 CFR 390.107 (Medical examiner certification testing) require?49 CFR 390.109What does 49 CFR 390.109 (Issuance of the FMCSA medical examiner certification credential) require?49 CFR 390.11What does 49 CFR 390.11 (Motor carrier to require observance of driver regulations) require?49 CFR 390.111What does 49 CFR 390.111 (Requirements for continued listing on the National Registry of Certified Medical Examiners) require?49 CFR 390.113What does 49 CFR 390.113 (Reasons for removal from the National Registry of Certified Medical Examiners) require?49 CFR 390.115What does 49 CFR 390.115 (Procedure for removal from the National Registry of Certified Medical Examiners) require?49 CFR 390.123What does 49 CFR 390.123 (Medical examiner certification for qualified Department of Veterans Affairs examiners) require?49 CFR 390.125What does 49 CFR 390.125 (Qualified VA examiner certification training) require?49 CFR 390.127What does 49 CFR 390.127 (Qualified VA examiner certification testing) require?49 CFR 390.129What does 49 CFR 390.129 (Issuance of the FMCSA medical examiner certification credential) require?49 CFR 390.13What does 49 CFR 390.13 (Aiding or abetting violations) require?49 CFR 390.131What does 49 CFR 390.131 (Requirements for continued listing of a certified VA medical examiner on the National Registry of Certified Medical Examiners) require?49 CFR 390.133What does 49 CFR 390.133 (Reasons for removal of a certified VA medical examiner from the National Registry of Certified Medical Examiners) require?49 CFR 390.135What does 49 CFR 390.135 (Procedure for removal of a certified VA medical examiner from the National Registry of Certified Medical Examiners) require?49 CFR 390.15What does 49 CFR 390.15 (Assistance in investigations and special studies) require?49 CFR 390.17What does 49 CFR 390.17 (Additional equipment and accessories) require?49 CFR 390.19What does 49 CFR 390.19 (Motor carrier identification reports for certain Mexico-domiciled motor carriers) require?49 CFR 390.19TWhat does 49 CFR 390.19T (Motor carrier, hazardous material safety permit applicant/holder, and intermodal equipment provider identification reports) require?49 CFR 390.200TWhat does 49 CFR 390.200T (USDOT Registration) require?49 CFR 390.201What does 49 CFR 390.201 (USDOT Registration) require?49 CFR 390.203What does 49 CFR 390.203 (PRISM State registration/biennial updates) require?49 CFR 390.205What does 49 CFR 390.205 (Special requirements for registration) require?49 CFR 390.207What does 49 CFR 390.207 (Other governing regulations) require?49 CFR 390.209What does 49 CFR 390.209 (Pre-authorization safety audit) require?49 CFR 390.21What does 49 CFR 390.21 (Marking of self-propelled CMVs and intermodal equipment) require?49 CFR 390.21TWhat does 49 CFR 390.21T (Marking of self-propelled CMVs and intermodal equipment) require?49 CFR 390.23What does 49 CFR 390.23 (Automatic relief from regulations) require?49 CFR 390.25What does 49 CFR 390.25 (Extension or Modification of relief from regulations—emergencies) require?49 CFR 390.27What does 49 CFR 390.27 (Locations of motor carrier safety service centers) require?49 CFR 390.29What does 49 CFR 390.29 (Location of records or documents) require?49 CFR 390.3What does 49 CFR 390.3 (General applicability) require?49 CFR 390.31What does 49 CFR 390.31 (Copies of records and documents) require?49 CFR 390.32What does 49 CFR 390.32 (Electronic documents and signatures) require?49 CFR 390.33What does 49 CFR 390.33 (Commercial motor vehicles used for purposes other than defined) require?49 CFR 390.35What does 49 CFR 390.35 (Certificates, reports, and records: Falsification, reproduction, or alteration) require?49 CFR 390.36What does 49 CFR 390.36 (Harassment of drivers prohibited) require?49 CFR 390.37What does 49 CFR 390.37 (Violation and penalty) require?49 CFR 390.38What does 49 CFR 390.38 (Exemptions for pipeline welding trucks) require?49 CFR 390.39What does 49 CFR 390.39 (Exemptions for “covered farm vehicles.”) require?49 CFR 390.3TWhat does 49 CFR 390.3T (General applicability) require?49 CFR 390.4What does 49 CFR 390.4 (Delegations and redelegations of authority of FMCSA employees to perform assigned actions or duties) require?49 CFR 390.40What does 49 CFR 390.40 (Intermodal equipment providers) require?49 CFR 390.401What does 49 CFR 390.401 (Applicability) require?49 CFR 390.403What does 49 CFR 390.403 (Lease and interchange requirements) require?49 CFR 390.40TWhat does 49 CFR 390.40T (Intermodal equipment providers) require?49 CFR 390.42What does 49 CFR 390.42 (Drivers and motor carriers operating intermodal equipment) require?49 CFR 390.46What does 49 CFR 390.46 (Preemption of State and local laws and regulations on the inspection, repair, and maintenance of intermodal equipment) require?49 CFR 390.5What does 49 CFR 390.5 (Definitions) require?49 CFR 390.5TWhat does 49 CFR 390.5T (Definitions) require?49 CFR 390.6What does 49 CFR 390.6 (Coercion prohibited) require?49 CFR 390.7What does 49 CFR 390.7 (Rules of construction) require?49 CFR 390.8What does 49 CFR 390.8 (Separation of functions) require?49 CFR 390.5What is a commercial motor vehicle under 49 CFR 390.5?49 CFR 390.15What must a carrier keep in the accident register under 49 CFR 390.15?49 CFR 390.19When must a carrier update its MCS-150 under 49 CFR 390.19?

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