49 CFR 385.5: The safety fitness standard

What the cited provisions say

49 CFR 385.5(a), (b), and (c) identify risks associated with commercial driver's license violations, inadequate financial responsibility, and unqualified drivers. The management-control requirement in 49 CFR 385.5 also reaches improper vehicle use and driving under subsection (d), unsafe vehicles on highways under subsection (e), and failures to maintain accident registers and accident-report copies under subsection (f).^{[1][2][3][4][5]}

49 CFR 385.5(g) and (h) address fatigued drivers and inadequate vehicle inspection, repair, and maintenance. Hazardous-material transportation, driving, and parking violations appear in 49 CFR 385.5(i), while hazardous-material regulation violations appear in 49 CFR 385.5(j). Motor vehicle accidents and hazardous-material incidents are separately included in 49 CFR 385.5(k). For intrastate carriers subject to the hazardous materials safety permit requirements of subpart E, 49 CFR 385.5 requires compliance with equivalent State requirements.^{[1][2][3][4][5]}

Who and what the provisions cover

49 CFR 385.1(d) applies the part to motor carriers subject to the subchapter, except non-business private passenger carriers. Under 49 CFR 390.3T(a)(1), the general interstate scope includes employers, employees, and commercial motor vehicles transporting property or passengers. For intrastate hazardous-material carriers subject to the referenced permit requirements, 49 CFR 390.3T(g)(1) applies part 385, subparts A and E.^{[1][2][3][4][5]}

49 CFR 390.5T defines motor carrier to include for-hire and private carriers, their agents, officers, representatives, and employees with specified driver-management or equipment responsibilities. The commercial motor vehicle definition in 49 CFR 390.5T requires highway use in interstate passenger or property transportation and a qualifying condition: the greater applicable weight or rating of 4,536 kg (10,001 pounds) or more; compensated transportation designed or used for more than 8 passengers, including the driver; uncompensated transportation designed or used for more than 15 passengers, including the driver; or designated hazardous material transported in a quantity requiring placarding.^{[1][2][3][4][5]}

Conditions and exceptions

Unless otherwise specifically provided, 49 CFR 390.3T(f)(2) excludes transportation by Federal or State governments, State political subdivisions, and congressionally approved interstate compact agencies. Under the same qualification, 49 CFR 390.3T(f)(3) excludes occasional personal-property transportation by individuals without compensation or furtherance of a commercial enterprise; subsection (f)(4) excludes transportation of human corpses or sick and injured persons; and subsection (f)(5) excludes fire-truck and rescue-vehicle operation during emergency and related operations.^{[1][2][3][4][5]}

49 CFR 390.3T(f)(1) generally excludes school bus operations as defined in the referenced definition, but retains §§ 391.15(e) and (f), 392.15, 392.80, and 392.82. Under 49 CFR 390.3T(f)(6), vehicles designed or used for between 9 and 15 passengers, including the driver, without direct compensation are generally excluded only if they do not otherwise meet the commercial motor vehicle definition; §§ 390.15, 390.19T, 390.21T(a) and (b)(2), 391.15(e) and (f), 392.80 and 392.82 remain applicable.^{[1][2][3][4][5]}

Unless otherwise specifically provided, 49 CFR 390.3T(f)(7) excludes a driver of a commercial motor vehicle used primarily to transport propane winter heating fuel or a driver of a motor vehicle used to respond to a pipeline emergency, if the regulations would prevent that driver from responding to an emergency condition requiring immediate response as defined in § 390.5T. For intrastate hazardous-material carriers subject to § 385.403, 49 CFR 390.3T(g)(4) applies §§ 390.19T and 390.21T but excepts intrastate carriers operating prior to January 1, 2005, from § 390.19T(a)(1). These references do not supply the omitted provisions' substantive requirements.^{[1][2][3][4][5]}

Related provisions in the saved sources

49 CFR 385.17(a) permits a motor carrier that has taken action to correct deficiencies resulting in a proposed or final conditional or unsatisfactory rating to request a rating change at any time. Under 49 CFR 385.17(b) and (c), the carrier must submit its written request to the FMCSA Service Center serving its principal place of business, base the request on evidence of corrective actions and operations currently meeting the safety standard and factors in §§ 385.5 and 385.7, and include a written description of corrective actions and other documentation it wishes FMCSA to consider. For requests concerning proposed or final unsatisfactory safety ratings, 49 CFR 385.17(e) requires FMCSA review within 30 days after the carrier's request for carriers transporting passengers in commercial motor vehicles or placardable quantities of hazardous materials, and within 45 days after the request for all other carriers.^{[1][2][3][4][5]}

49 CFR 385.17(f) states that filing does not stay the referenced 45-day period for passenger or placardable-hazardous-material carriers. Under 49 CFR 385.17(g), FMCSA may allow a motor carrier with a proposed unsatisfactory rating, except one transporting passengers or hazardous materials in quantities requiring placarding, to continue operations in commerce for up to 60 days beyond the proposed rating's 60 days if FMCSA determines that the carrier is making a good faith effort to improve its safety status; the additional period begins on the 61st day after the notice of the proposed unsatisfactory rating. Under 49 CFR 385.17(j), a carrier whose rating-change request is denied under § 385.17(i) may request administrative review under § 385.15 within 90 days of that denial; if the proposed rating has become final, it remains in effect throughout administrative review.^{[1][2][3][4][5]}

Source date and limits

The saved-source date is 2026-11-06. This entry uses only the supplied eCFR units and follows a statute-only scope, consisting here of federal regulatory text. It does not represent verification of today's law. The source note accompanying 49 CFR 385.5 identifies 77 FR 28454, May 14, 2012; that publication reference is distinct from the saved-source date.^{[1][2][3][4][5]}

The references in 49 CFR 385.5 identify related regulatory parts, but their unsaved text is not explained here. Likewise, the references to §§ 385.7 and 385.15 in 49 CFR 385.17 do not supply those provisions' complete factors or review procedures. Judicial interpretation and application to particular events fall outside this entry. This material provides general reference information about the saved safety fitness provisions, not legal advice or a determination of any carrier's compliance.^{[1][2][3][4][5]}

See also

• FMCSA and federal trucking rules

On related publications

• Texas truck accident statistics (2020-2024) (truckaccidentlawyers.wiki)
• Georgia DPS adoption of federal motor carrier safety rules (atlantatruckaccidentlawyers.wiki)
• https://flanaganlaw.wiki/practice-areas/truck-accidents/ (flanaganlaw.wiki)