What does 49 CFR 385.1 (Purpose and scope) require?

Short answer

49 CFR 385.1 requires the FMCSA to determine the safety fitness of motor carriers, assign safety ratings, and direct motor carriers to take remedial action when required. It also establishes the safety assurance program for new entrant motor carriers and the safety permit program for motor carriers transporting hazardous materials.

The rule says

"This part establishes the FMCSA's procedures to determine the safety fitness of motor carriers, to assign safety ratings, to direct motor carriers to take remedial action when required, and to prohibit motor carriers receiving a safety rating of unsatisfactory from operating a CMV." (49 CFR 385.1(a))

"This part establishes the safety assurance program for a new entrant motor carrier initially seeking to register with FMCSA to conduct interstate operations." (49 CFR 385.1(b))

"This part establishes the safety permit program for a motor carrier to transport the types and quantities of hazardous materials listed in 385.403." (49 CFR 385.1(c))

In plain English

This regulation is the foundation of the FMCSA's safety oversight program, which aims to ensure that motor carriers operate safely and comply with federal regulations. It sets out the procedures for determining a motor carrier's safety fitness, assigning safety ratings, and taking enforcement action against non-compliant carriers. The regulation also establishes specific programs for new entrant motor carriers and those transporting hazardous materials. In practice, this means that motor carriers must comply with a range of safety requirements, including maintaining accurate records, conducting regular vehicle inspections, and ensuring that drivers are properly trained and licensed.

What to do

• Ensure that your company has a robust safety management system in place to comply with FMCSA regulations.
• Regularly review and update your company's safety policies and procedures to ensure they align with FMCSA requirements.
• Provide training to drivers and other employees on FMCSA regulations and your company's safety policies.
• Maintain accurate records of vehicle inspections, maintenance, and driver qualifications to demonstrate compliance with FMCSA regulations.