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Title 49 Part 385 → Subpart C

Title 49 → Subtitle B → Chapter III → Subchapter B → Part 385 → Subpart C

Electronic Code of Federal Regulations e-CFR

Title 49 Part 385 → Subpart C

e-CFR data is current as of October 17, 2019

Title 49Subtitle BChapter IIISubchapter BPart 385 → Subpart C


Title 49: Transportation
PART 385—SAFETY FITNESS PROCEDURES


Subpart C—Certification of Safety Auditors, Safety Investigators, and Safety Inspectors

§385.201   Who is qualified to perform a review of a motor carrier or an intermodal equipment provider?

(a) An FMCSA employee, or a State or local government employee funded through the Motor Carrier Safety Assistance Program (MCSAP), who was qualified to perform a compliance review before June 17, 2002, may perform a compliance review, safety audit, roadability review, or roadside inspection if he or she complies with §385.203(b).

(b) A person who was not qualified to perform a compliance review before June 17, 2002, may perform a compliance review, safety audit, roadability review, or roadside inspection after complying with the requirements of §385.203(a).

[73 FR 76818, Dec. 17, 2008]

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§385.203   What are the requirements to obtain and maintain certification?

(a) After June 17, 2002, a person who is not qualified under §385.201(a) may not perform a compliance review, safety audit, roadability review, or roadside inspection unless he or she has been certified by FMCSA or a State or local agency applying the FMCSA standards after successfully completing classroom training and examinations on the FMCSRs and HMRs as described in detail on the FMCSA website (www.fmcsa.dot.gov). These employees must also comply with the maintenance of certification/qualification requirements of paragraph (b) of this section.

(b) Maintenance of certification/qualification. A person may not perform a compliance review, safety audit, roadability review, or roadside inspection unless he or she meets the quality-control and periodic re-training requirements adopted by the FMCSA to ensure the maintenance of high standards and familiarity with amendments to the FMCSRs and HMRs. These maintenance of certification/qualification requirements are described in detail on the FMCSA website (www.fmcsa.dot.gov).

(c) The requirements of paragraphs (a) and (b) of this section for training, performance and maintenance of certification/qualification, which are described on the FMCSA website (www.fmcsa.dot.gov), are also available in hard copy from the Federal Motor Carrier Safety Administration, Professional Development and Training Division (MC-MHT), 1310 N. Courthouse Road, Suite 600, Arlington, VA 22201.

[67 FR 12779, Mar. 19, 2002, as amended at 72 FR 55701, Oct. 1, 2007; 73 FR 76819, Dec. 17, 2008; 83 FR 22876, May 17, 2018]

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§385.205   How can a person who has lost his or her certification be re-certified?

He or she must successfully complete the requirements of §385.203(a) and (b).

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