What does 49 CFR 385.7 (Factors to be considered in determining a safety rating) require?

Short answer

49 CFR 385.7 requires consideration of multiple factors in determining a safety rating, including safety management controls, regulatory violations, and accident frequency. The factors to be considered are listed in paragraphs (a) through (g) of the section.

The rule says

"Adequacy of safety management controls." (49 CFR 385.7(a))

"Frequency and severity of regulatory violations." (49 CFR 385.7(b))

"Frequency and severity of driver/vehicle regulatory violations identified during roadside inspections of motor carrier operations in commerce and, if the motor carrier operates in the United States, of operations in Canada and Mexico." (49 CFR 385.7(c))

"Number and frequency of out-of-service driver/vehicle violations of motor carrier operations in commerce and, if the motor carrier operates in the United States, of operations in Canada and Mexico." (49 CFR 385.7(d))

"Frequency of accidents; hazardous materials incidents; accident rate per million miles; indicators of preventable accidents; and whether such accidents, hazardous materials incidents, and preventable accident indicators have increased or declined over time." (49 CFR 385.7(f))

In plain English

The safety rating of a motor carrier is determined by evaluating various factors that indicate its safety performance. These factors include the adequacy of safety management controls, the frequency and severity of regulatory violations, and the frequency of accidents. The FMCSA considers these factors to determine whether a motor carrier's operations are consistent with the safety fitness standard. In practice, this means that motor carriers with poor safety records, such as high accident rates or frequent regulatory violations, are more likely to receive a lower safety rating.

What to do

• Review the factors listed in 49 CFR 385.7 to understand what is required for a safety rating.
• Ensure that your company has adequate safety management controls in place.
• Monitor and address regulatory violations and accidents to improve your safety record.
• Regularly review your safety performance to identify areas for improvement.