CFR > Title 49 - Transportation > SUBTITLE B—Other Regulations Relating to Transportation > CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION (Parts 300–399) > SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS (Parts 350–399) > PART 385—SAFETY FITNESS PROCEDURES > SUBPART A—General (§385.1 to §385.19) > 385.5—Safety fitness standard.

385.5—Safety fitness standard.

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.
[75 FR 17241, Apr. 5, 2010]