What does 49 CFR 385.15 (Administrative review) require?

Short answer

49 CFR 385.15 requires a motor carrier to submit a written request for administrative review to FMCSA within 15 or 90 days, depending on the circumstances, if it believes FMCSA has committed an error in assigning its proposed or final safety rating. The motor carrier must explain the error and include supporting information and documents.

The rule says

"A motor carrier may request FMCSA to conduct an administrative review if it believes FMCSA has committed an error in assigning its proposed or final safety rating in accordance with 385.11." (49 CFR 385.15(a))

"The motor carrier's request must explain the error it believes the FMCSA committed in issuing the safety rating." (49 CFR 385.15(b))

"The motor carrier must submit its request in writing to the Assistant Administrator, ATTN: Adjudications Counsel, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001." (49 CFR 385.15(c))

In plain English

When a motor carrier receives a proposed or final safety rating from FMCSA, it has the right to request an administrative review if it believes the rating is incorrect. The motor carrier must submit a written request to FMCSA, explaining the error and providing supporting information and documents. This process allows the motor carrier to dispute the rating and potentially have it changed. It's essential for motor carriers to understand the administrative review process and to submit their requests in a timely manner, as the timeframe for submission can be as short as 15 days.

What to do

• Submit a written request for administrative review to FMCSA within the required timeframe (15 or 90 days).
• Explain the error believed to have been committed by FMCSA in assigning the safety rating.
• Include supporting information and documents with the request.
• Ensure the request is submitted to the correct address: Assistant Administrator, ATTN: Adjudications Counsel, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001.