49 CFR 385.803 - Definitions and acronyms.

§ 385.803 Definitions and acronyms.
(a) The definitions in subpart A of this part and part 390 of this chapter apply to this subpart, except where otherwise specifically noted.
(b) As used in this subpart, the following terms have the meaning specified:
Appendix C regulation means any of the regulations listed in appendix C to part 385 of this chapter.
Appendix C violation means a violation of any of the regulations listed in appendix C to part 385 of this chapter.
Electronic on-board recording device (EOBR) means an electronic device that is capable of recording a driver's duty hours of service and duty status accurately and automatically and that meets the requirements of § 395.16 of this chapter.
Final determination for purposes of part 385, subpart J means:
(1) An adjudication under this subpart upholding a notice of remedial directive and proposed unfitness determination;
(2) The expiration of the period for filing a request for administrative review of remedial directive and proposed unfitness determination under this subpart; or
(3) The entry of a settlement agreement stipulating that the carrier is subject to mandatory EOBR installation, use, and maintenance requirements.
Motor carrier includes owner-operators leased to carriers subject to a remedial directive, regardless of whether the owner-operator has separate operating authority under part 365 of this chapter.
Proposed determination of unfitness or proposed unfitness determination means a determination by FMCSA that a motor carrier will not meet the safety fitness standard under § 385.5 on a specified future date unless the carrier takes the actions necessary to comply with the terms of a remedial directive issued under this subpart.
Remedial directive means a mandatory instruction from FMCSA to take one or more specified action(s) as a condition of demonstrating safety fitness under 49 U.S.C. 31144(b).
Threshold rate violation for the purposes of this subpart means a violation rate for any appendix C regulation equal to or greater than 10 percent of the number of records reviewed.
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Title 49 published on 2015-10-01

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

  • 2015-10-21; vol. 80 # 203 - Wednesday, October 21, 2015
    1. 80 FR 63695 - Unified Registration System
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration
      Final rule; extension of effective dates.
      Effective Dates: The effective date of this rule is September 30, 2016, except for §§ 365.T106, 368.T3, and 390.T200, which are effective from December 12, 2015 through September 29, 2016. The effective dates of the rule published at 78 FR 52608 (August 23, 2013) are delayed until September 30, 2016. The withdrawal of Instruction #1 from the correction published at 78 FR 63100 (October 23, 2013) is effective October 21, 2015. Compliance Dates: The compliance date for this rule is September 30, 2016, except that: New applicants must comply with §§ 365.T106, 368.T3 or 390.T200 (as applicable) from December 12, 2015 through September 29, 2016; private hazardous material carriers and exempt for-hire carriers must comply with §§ 387.19 or 387.43 (as applicable) by December 31, 2016; and all entities must comply with § 366.2 by December 31, 2016. Petitions for reconsideration must be received by November 20, 2015.
      49 CFR Parts 360, 365, 366, 368, 385, 387, 390 and 392