---
kind: "section"
citation: "49 C.F.R. § 385.421"
title: "49"
number: "385.421"
heading: "Revocation or suspension of safety permit."
url: "https://uscodex.org/cfr/49/385.421"
---

# §385.421. Revocation or suspension of safety permit.

- (a) **Grounds.** A safety permit will be subject to revocation or suspension by FMCSA for the following reasons:
  - (1) A motor carrier fails to submit a renewal application (Form MCSA-1) in accordance with the schedule set forth in [part 390](/cfr/49/part390.md), [subpart E](/cfr/49/subpartE.md), of this subchapter.
  - (2) A motor carrier provides any false or misleading information on its application form (Form MCSA-1) or as part of updated information it is providing on Form MCSA-1 (see [§ 385.405(d)](/cfr/49/385.405.md?p=d)).
  - (3) A motor carrier is issued a final safety rating that is less than Satisfactory;
  - (4) A motor carrier fails to maintain a satisfactory security plan as set forth in [§ 385.407(b)](/cfr/49/385.407.md?p=b);
  - (5) A motor carrier fails to comply with applicable requirements in the FMCSRs, the HMRs, or compatible State requirements governing the transportation of hazardous materials, in a manner showing that the motor carrier is not fit to transport the hazardous materials listed in [§ 385.403](/cfr/49/385.403.md);
  - (6) A motor carrier fails to comply with an out-of-service order;
  - (7) A motor carrier fails to comply with any other order issued under the FMCSRs, the HMRs, or compatible State requirements governing the transportation of hazardous materials, in a manner showing that the motor carrier is not fit to transport the hazardous materials listed in [§ 385.403](/cfr/49/385.403.md);
  - (8) A motor carrier fails to maintain the minimum financial responsibility required by [§ 387.9](/cfr/49/387.9.md) of this chapter or an applicable State requirement;
  - (9) A motor carrier fails to maintain current hazardous materials registration with the Pipeline and Hazardous Materials Safety Administration; or
  - (10) A motor carrier loses its operating rights or has its registration suspended in accordance with [§ 386.83](/cfr/49/386.83.md) or [§ 386.84](/cfr/49/386.84.md) of this chapter for failure to pay a civil penalty or abide by a payment plan.
- (b) **Determining whether a safety permit is revoked or suspended.** A motor carrier's safety permit will be suspended the first time any of the conditions specified in [paragraph (a)](#a) of this section are found to apply to the motor carrier. A motor carrier's safety permit will be revoked if any of the conditions specified in [paragraph (a)](#a) of this section are found to apply to the motor carrier and the carrier's safety permit has been suspended in the past for any of the reasons specified in [paragraph (a)](#a) of this section.
- (c) **Effective date of suspension or revocation.** A suspension or revocation of a safety permit is effective:
  - (1) Immediately after FMCSA determines that an imminent hazard exists, after FMCSA issues a final safety rating that is less than Satisfactory, or after a motor carrier loses its operating rights or has its registration suspended for failure to pay a civil penalty or abide by a payment plan;
  - (2) Thirty (30) days after service of a written notification that FMCSA proposes to suspend or revoke a safety permit, if the motor carrier does not submit a written request for administrative review within that time period; or
  - (3) As specified in [§ 385.423(c)](/cfr/49/385.423.md?p=c), when the motor carrier submits a written request for administrative review of FMCSA's proposal to suspend or revoke a safety permit.
  - (4) A motor carrier whose safety permit has been revoked will not be issued a replacement safety permit or temporary safety permit for 365 days from the time of revocation.

## Notes

### Amendments

[69 FR 39367, June 30, 2004, as amended at 78 FR 58481, Sept. 24, 2013; 80 FR 63708, Oct. 21, 2015]

### Source

Source: 69 FR 39367, June 30, 2004, unless otherwise noted.

### 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

[69 FR 39367, June 30, 2004, as amended at 78 FR 58481, Sept. 24, 2013; 80 FR 63708, Oct. 21, 2015]