Ask X3What does 49 CFR 385.409 (Temporary safety permit) require?
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To obtain a temporary safety permit under 49 CFR 385.409, a motor carrier must submit a certification on Form MCSA-1 (the URS online application) stating that the carrier is operating in full compliance with:
* The Hazardous Materials Regulations (HMRs), the Federal Motor Carrier Safety Regulations (FMCSRs), and/or comparable State regulations (whichever applies); and
* The minimum financial responsibility requirements found in part 387 of this subchapter or in applicable State regulations.
Additionally, under 49 CFR 385.409, the motor carrier must certify that it has a satisfactory security program.
FMCSA will not issue a temporary safety permit if the motor carrier:
* Fails to certify its satisfactory security program;
* Has a crash rate in the top 30 percent of the national average (based on FMCSA's MCMIS); or
* Has a driver, vehicle, hazardous materials, or total out-of-service rate in the top 30 percent of the national average (based on MCMIS).