What does 49 CFR 385.407 (Requirements for a safety permit) require?
Generated guidance. Confirm the source and its applicability before you act. How we check sources.
To obtain and hold a safety permit under 49 CFR 385.407, your motor carrier business must meet the following specific requirements:
1. Safety Rating: You must have a "Satisfactory" safety rating assigned by the FMCSA or by your home State (if that State uses safety fitness procedures equivalent to the FMCSA's).
2. Safety Performance and Rates: The FMCSA will *not* issue you a safety permit if your business falls into any of the following categories:
* Your crash rate is in the top 30 percent of the national average (based on MCMIS data).
* Your driver, vehicle, hazardous materials, or total out-of-service rate is in the top 30 percent of the national average (based on MCMIS data).
* You do not meet the minimum financial responsibility requirements (under 49 CFR 387.9 or applicable State rules).
3. Satisfactory Security Program: You must formally certify that you maintain a satisfactory security program, which must include:
* A security plan that meets part 172, subpart I requirements, including how you will secure your written route plan.
* A communications plan ensuring your drivers and motor carrier can maintain contact to meet periodic contact requirements.
* Proof that all of your hazmat employees have successfully completed required security training (under 49 CFR 172.704(a)(4) and (a)(5)).
4. PHMSA Registration: You must be properly registered with the Pipeline and Hazardous Materials Safety Administration (PHMSA).
Ask X3