What does 49 CFR 385.9 (Determination of a safety rating) require?

Short answer

49 CFR 385.9 requires the FMCSA to determine a motor carrier's safety rating based on factors prescribed in 385.7, and to assign a safety rating within 30 days of completing a compliance review.

The rule says

"Following a compliance review of a motor carrier operation, the FMCSA, using the factors prescribed in 385.7 as computed under the Safety Fitness Rating Methodology set forth in appendix B of this part, shall determine whether the present operations of the motor carrier are consistent with the safety fitness standard set forth in 385.5, and assign a safety rating accordingly." (49 CFR 385.9(a))

"Unless otherwise specifically provided in this part, a safety rating will be issued to a motor carrier within 30 days following the completion of a compliance review." (49 CFR 385.9(b))

In plain English

The FMCSA uses a set of factors, including safety management controls, regulatory violations, and accident rates, to determine a motor carrier's safety rating after a compliance review. The agency must assign a safety rating within 30 days of completing the review. A poor safety rating can lead to increased scrutiny, fines, and even suspension of operating authority.

What to do

• Ensure that your motor carrier operation is in compliance with all relevant safety regulations and standards.
• Maintain accurate and complete records of safety-related data, including accident reports and regulatory violations.
• Be prepared to provide evidence of corrective actions taken to address any safety deficiencies identified during a compliance review.
• Review and understand the factors used to determine your safety rating, as outlined in 49 CFR 385.7.