---
kind: "section"
citation: "49 C.F.R. § 385.11"
title: "49"
number: "385.11"
heading: "Notification of safety fitness determination."
url: "https://uscodex.org/cfr/49/385.11"
---

# §385.11. Notification of safety fitness determination.

- (a) The FMCSA will provide a motor carrier written notice of any safety rating resulting from a compliance review as soon as practicable, but not later than 30 days after the review. The notice will take the form of a letter issued from the FMCSA's headquarters office and will include a list of FMCSR and HMR compliance deficiencies which the motor carrier must correct.
- (b) If the safety rating is “satisfactory” or improves a previous “unsatisfactory” safety rating, it is final and becomes effective on the date of the notice.
- (c) In all other cases, a notice of a proposed safety rating will be issued. It becomes the final safety rating after the following time periods:
  - (1) For motor carriers transporting hazardous materials in quantities requiring placarding or transporting passengers by CMV—45 days after the date of the notice.
  - (2) **For all other motor carriers operating CMVs—** 60 days after the date of the notice.
- (d) A proposed safety rating of “unsatisfactory” is a notice to the motor carrier that the FMCSA has made a preliminary determination that the motor carrier is “unfit” to continue operating in interstate commerce, and that the prohibitions in [§ 385.13](/cfr/49/385.13.md) will be imposed after 45 or 60 days if necessary safety improvements are not made.
- (e) A motor carrier may request the FMCSA to perform an administrative review of a proposed or final safety rating. The process and the time limits are described in [§ 385.15](/cfr/49/385.15.md).
- (f) A motor carrier may request a change to a proposed or final safety rating based upon its corrective actions. The process and the time limits are described in [§ 385.17](/cfr/49/385.17.md).

## Notes

### Amendments

[65 FR 50934, Aug. 22, 2000, as amended at 75 FR 17241, Apr. 5, 2010; 77 FR 28450, May 14, 2012]

### Authority

Authority: 49 U.S.C. 113, 504, 521(b), 5105(d), 5109, 5113, 13901-13905, 13908, 31135, 31136, 31144, 31148, 31151, 31502; sec. 113(a), Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 408, Pub. L. 104-88, 109 Stat. 803, 958; sec. 350, Pub. L. 107-87, 115 Stat. 833, 864; sec. 5205, Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR 1.87.

### Source

Source: 53 FR 50968, Dec. 19, 1988, unless otherwise noted.

### Amendments

[65 FR 50934, Aug. 22, 2000, as amended at 75 FR 17241, Apr. 5, 2010; 77 FR 28450, May 14, 2012]