§ 385.5 Safety fitness standard.

§ 385.5 Safety fitness standard.

    For compliance date(s) of amendment(s) to section, see 75 FR 17208.

    A motor carrier must meet the safety fitness standard set forth in this section. Intrastate motor carriers subject to the hazardous materials safety permit requirements of subpart E of this part must meet the equivalent State requirements. To meet the safety fitness standard, the motor carrier must demonstrate the following:

    (a) It has adequate safety management controls in place, which function effectively to ensure acceptable compliance with applicable safety requirements to reduce the risk associated with:

        (1) Commercial driver's license standard violations (part 383 of this chapter),

        (2) Inadequate levels of financial responsibility (part 387 of this chapter),

        (3) The use of unqualified drivers (part 391 of this chapter),

        (4) Improper use and driving of motor vehicles (part 392 of this chapter),

        (5) Unsafe vehicles operating on the highways (part 393 of this chapter),

        (6) Failure to maintain accident registers and copies of accident reports (part 390 of this chapter),

        (7) The use of fatigued drivers (part 395 of this chapter),

        (8) Inadequate inspection, repair, and maintenance of vehicles (part 396 of this chapter),

        (9) Transportation of hazardous materials, driving and parking rule violations (part 397 of this chapter),

        (10) Violation of hazardous materials regulations (parts 170 through 177 of this title), and

        (11) Motor vehicle accidents, as defined in § 390.5 of this chapter, and hazardous materials incidents.

    (b) The motor carrier has complied with all requirements contained in any remedial directive issued under subpart J of this part.