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CFR › Title 49 › Subtitle B › Chapter III › Subchapter B › Part 385 › Subpart J › Section 385.813

49 CFR 385.813 - Issuance and conditional rescission of proposed unfitness determination.

There is 1 rule appearing in the Federal Register for 49 CFR 385. Select the tab below to view, or View eCFR (GPOAccess)
§ 385.813
Issuance and conditional rescission of proposed unfitness determination.
(a) Simultaneously with the notice of remedial directive, FMCSA will issue a proposed unfitness determination. The proposed unfitness determination will explain that, if the motor carrier fails to comply with the terms of the remedial directive, the carrier will be unfit under the fitness standard in § 385.5, prohibited from engaging in interstate operations and intrastate operations affecting interstate commerce, and, in the case of a carrier registered under 49 U.S.C. 13902, have its registration revoked.
(b) FMCSA will conditionally rescind the proposed determination of unfitness upon the motor carrier's submission of sufficient proof of EOBR installation in accordance with § 385.811.
(c) During the period the remedial directive is in effect, FMCSA may reinstate the proposed unfitness determination and immediately prohibit the motor carrier from operating in interstate commerce and intrastate operations affecting interstate commerce if the motor carrier violates the provisions of the remedial directive.

Title 49 published on 2012-10-01

The following are only the Rules published in the Federal Register after the published date of Title 49.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2012-10-23; vol. 77 # 205 - Tuesday, October 23, 2012
    1. 77 FR 64759 - Rescission of 10-Day Agency Discretionary Period in Assigning Unsatisfactory Safety Ratings
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration
      Final rule.
      Effective November 23, 2012.
      49 CFR Part 385

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
USC : Title 49 - TRANSPORTATION

§ 113 - Federal Motor Carrier Safety Administration

§ 504 - Reports and records

§ 521 - Civil penalties

§ 5105 - Transporting certain highly radioactive material

§ 5109 - Motor carrier safety permits

§ 13901 - Requirement for registration

§ 13902 - Registration of motor carriers

§ 13903 - Registration of freight forwarders

§ 13904 - Registration of brokers

§ 13905 - Effective periods of registration

§ 31133 - General powers of the Secretary of Transportation

§ 31135 - Duties of employers and employees

§ 31136 - United States Government regulations

§ 31137 - Monitoring device and brake maintenance regulations

§ 31144 - Safety fitness of owners and operators

§ 31148 - Certified motor carrier safety auditors

§ 31502 - Requirements for qualifications, hours of service, safety, and equipment standards

Public Laws

103-311

104-88

107-87

Title 49 published on 2012-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 49 CFR 385 after this date.

  • 2012-11-13; vol. 77 # 219 - Tuesday, November 13, 2012
    1. 77 FR 67613 - Patterns of Safety Violations by Motor Carrier Management
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration
      Notice of proposed rulemaking (NPRM).
      You must submit comments on or before January 14, 2013.
      49 CFR Parts 385 and 386