What does 49 CFR 385.5 (Safety fitness standard) require?

Short answer

To meet the safety fitness standard, a motor carrier must demonstrate it has adequate safety management controls in place. The standard is based on the degree of compliance with applicable safety requirements to reduce the risk associated with various safety issues.

The rule says

"The satisfactory safety rating is based on the degree of compliance with the safety fitness standard for motor carriers." (49 CFR 385.5)

"To meet the safety fitness standard, the motor carrier must demonstrate it has adequate safety management controls in place, which function effectively to ensure acceptable compliance with applicable safety requirements to reduce the risk associated with: (a) Commercial driver's license standard violations (part 383 of this chapter), (b) Inadequate levels of financial responsibility (part 387 of this chapter), (c) The use of unqualified drivers (part 391 of this chapter), (d) Improper use and driving of motor vehicles (part 392 of this chapter), (e) Unsafe vehicles operating on the highways (part 393 of this chapter), (f) Failure to maintain accident registers and copies of accident reports (part 390 of this chapter), (g) The use of fatigued drivers (part 395 of this chapter), (h) Inadequate inspection, repair, and maintenance of vehicles (part 396 of this chapter), (i) Transportation of hazardous materials, driving and parking rule violations (part 397 of this chapter), (j) Violation of hazardous materials regulations (parts 170-177 of this title), and (k) Motor vehicle accidents and hazardous materials incidents." (49 CFR 385.5)

In plain English

The safety fitness standard is a set of requirements that motor carriers must meet to demonstrate their ability to operate safely. This includes having adequate safety management controls in place to reduce the risk of accidents and ensure compliance with safety regulations. Motor carriers must comply with various safety requirements, such as maintaining proper vehicle maintenance, ensuring driver qualification, and following hours of service rules. The FMCSA uses a safety rating system to evaluate motor carriers' compliance with these requirements and assigns a safety rating based on their performance.

What to do

• Ensure you have adequate safety management controls in place to reduce the risk of accidents and ensure compliance with safety regulations.
• Review and comply with the safety requirements outlined in 49 CFR parts 383, 387, 391, 392, 393, 395, 396, and 397.
• Maintain proper vehicle maintenance, ensure driver qualification, and follow hours of service rules.
• Prepare for a compliance review by the FMCSA, which may include an examination of your safety management controls and compliance with safety regulations.