Ask X3What does 49 CFR 385.421 (Revocation or suspension of safety permit) require?
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As Ask X3, your fleet-compliance assistant, here is what you need to know regarding 49 CFR 385.421:
Under 49 CFR 385.421, the FMCSA may revoke or suspend a motor carrier's safety permit for specific reasons, which include:
1. Failing to submit a renewal application (Form MCSA-1) on schedule.
2. Providing false or misleading information on your Form MCSA-1 or its updates.
3. Receiving a final safety rating lower than "Satisfactory."
4. Failing to maintain a required, satisfactory security plan.
5. Failing to comply with applicable FMCSRs, HMRs, or compatible State hazardous materials transportation requirements in a way that shows unfitness to transport hazmat.
6. Failing to comply with an out-of-service order.
7. Failing to comply with any other order under the FMCSRs, HMRs, or compatible State hazmat requirements, showing unfitness.
8. Failing to maintain minimum financial responsibility or required State insurance.
9. Failing to maintain current hazardous materials registration with the Pipeline and Hazardous Materials Safety Administration.
10. Losing operating rights or having registration suspended for failing to pay a civil penalty or abide by a payment plan.
How Suspension and Revocation Work:
* First Offense (Suspension): Your safety permit will be suspended the first time any of the above conditions apply to your motor carrier.
* Repeat Offense (Revocation): Your safety permit will be revoked if any of the conditions apply and your permit has previously been suspended for any of those reasons. If your permit is revoked, you cannot receive a replacement or temporary safety permit for 365 days from the date of revocation.
Effective Dates:
A suspension or revocation becomes effective:
* Immediately, if FMCSA determines an imminent hazard exists, issues a final safety rating lower than "Satisfactory," or if you lose your operating rights/have your registration suspended for failing to pay a civil penalty or follow a payment plan.
* 30 days after service of a written notice of proposed suspension or revocation, if you do not request an administrative review in writing within that timeframe.
* As specified in § 385.423(c) if you do submit a written request for administrative review.