What does 49 CFR 385.13 (Unsatisfactory rated motor carriers; prohibition on transportation; ineligibility for Federal contracts) require?

Short answer

49 CFR 385.13 requires that a motor carrier rated unsatisfactory is prohibited from operating a CMV, with specific timelines for prohibition depending on the type of cargo being transported. Motor carriers transporting hazardous materials or passengers are prohibited from operating 46 days after the notice of proposed unsatisfactory rating, while other motor carriers are prohibited 61 days after the notice.

The rule says

"Generally, a motor carrier rated unsatisfactory is prohibited from operating a CMV." (49 CFR 385.13(a))

"Motor carriers transporting hazardous materials in quantities requiring placarding, and motor carriers transporting passengers in a CMV, are prohibited from operating a CMV in motor carrier operations in commerce beginning on the 46th day after the date of the FMCSA notice of proposed unsatisfactory rating." (49 CFR 385.13(a)(1))

"All other motor carriers rated as a result of reviews are prohibited from operating a CMV in motor carrier operations in commerce beginning on the 61st day after the date of the FMCSA notice of proposed unsatisfactory rating." (49 CFR 385.13(a)(2))

In plain English

The timelines for prohibition are stricter for motor carriers transporting hazardous materials or passengers, as these operations pose a greater risk to public safety. In practice, this means that motor carriers must take immediate action to address any safety deficiencies and improve their safety rating, or face being shut down.

What to do

• Verify the motor carrier's safety rating through the FMCSA Safety and Fitness Electronic Records System website or by telephone.
• Ensure that all motor carriers used for transportation have a satisfactory safety rating.
• Review and update contracts with motor carriers to ensure compliance with 49 CFR 385.13.
• Develop a plan to address any safety deficiencies and improve the safety rating, if necessary.