Ask X3What does 49 CFR 385.421T (Revocation or suspension of safety permit) require?
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According to 49 CFR 385.421T, your safety permit can be suspended or revoked by the FMCSA under specific grounds, determines how the action is applied, and sets the effective dates for the action.
Here is what you need to know as a motor-carrier owner:
### 1. Grounds for Suspension or Revocation
Your safety permit is subject to suspension or revocation if your motor carrier does any of the following:
* Fails to submit your renewal application (Form MCS-150B) on time.
* Provides false or misleading information on your Form MCS-150B or during an update.
* Receives a final safety rating that is lower than "Satisfactory."
* Fails to maintain a required, satisfactory security plan.
* Fails to comply with FMCSRs, HMRs, or compatible State hazmat requirements in a way that shows you are unfit to transport hazardous materials.
* Fails to comply with an out-of-service order.
* Fails to comply with any other order under the FMCSRs, HMRs, or compatible State hazmat requirements, showing unfitness.
* Fails to maintain the required minimum financial responsibility.
* Fails to maintain a current hazardous materials registration with the Pipeline and Hazardous Materials Safety Administration.
* Loses your operating rights or has your registration suspended for failing to pay a civil penalty or abide by a payment plan.
### 2. Suspension vs. Revocation
* Suspension: Your safety permit will be suspended the *first* time any of the above conditions apply to your carrier.
* Revocation: Your safety permit will be revoked if any of the conditions apply *and* your safety permit has already been suspended in the past for any of those reasons. If your permit is revoked, you cannot be issued a replacement or temporary safety permit for 365 days from the date of revocation.
### 3. Effective Date
The suspension or revocation becomes effective:
* Immediately if the FMCSA determines an imminent hazard exists, issues a final safety rating of less than Satisfactory, or if you lose your operating rights/have your registration suspended for failing to pay a civil penalty or abide by a payment plan.
* 30 days after service of a written notice proposing the suspension or revocation, unless you submit a written request for an administrative review within that 30-day window.
* As specified in § 385.423(c) if you do submit a written request for an administrative review of the proposal.