What does 49 CFR 385.11 (Notification of safety fitness determination) require?

Short answer

49 CFR 385.11 requires the FMCSA to provide a motor carrier with written notice of any safety rating resulting from a compliance review within 30 days. The notice includes a list of FMCSR and HMR compliance deficiencies that the motor carrier must correct.

The rule says

"The FMCSA will provide a motor carrier written notice of any safety rating resulting from a compliance review as soon as practicable, but not later than 30 days after the review." (49 CFR 385.11(a))

"A proposed safety rating of unsatisfactory is a notice to the motor carrier that the FMCSA has made a preliminary determination that the motor carrier is unfit to continue operating in interstate commerce, and that the prohibitions in 385.13 will be imposed after 45 or 60 days if necessary safety improvements are not made." (49 CFR 385.11(d))

In plain English

This rule means that after a compliance review, the FMCSA will send a motor carrier a letter with their safety rating and a list of any compliance issues that need to be fixed. If the rating is unsatisfactory, the motor carrier has 45 or 60 days to make improvements before the FMCSA imposes penalties.

What to do

• Review the notice from the FMCSA carefully to understand the safety rating and any compliance issues that need to be addressed.
• Make necessary corrections to comply with FMCSR and HMR regulations within the given timeframe.
• Consider requesting an administrative review or a change to the proposed or final safety rating if necessary.