49 C.F.R. §385.17 - Change to safety rating based upon corrective actions

Cite as49 C.F.R. §385.17
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10 cases
  • Transam Trucking, Inc. v. Fed. Motor Carrier Safety Admin., 14–9503.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • October 23, 2015
    ...and request a rating change at any time by submitting a written request to the appropriate FMCSA service center. 49 C.F.R. §§ 385.11(f), 385.17(a), (b). If FMCSA denies a motor carrier's request for a rating change, the carrier can seek administrative review of that denial under 49 C.F.R. §......
  • Pornomo v. United States, 14–2391.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • February 25, 2016
    ...of its rating by submitting to the FMCSA a written description of corrective actions it has taken and documentation of those changes. 49 C.F.R. § 385.17(a) –(c). A request for an upgrade does not toll the 45–day provisional period. However, in 2011, when the events at issue in this case occ......
  • Pornomo v. United States, Civil Action No. 3:14–CV–307.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Eastern District of Virginia)
    • October 20, 2014
    ...include a written description of corrective actions taken, and other documentation the carrier wishes the FMCSA to consider.”Id.; 49 C.F.R. § 385.17(a), (c). Such “upgrade requests” are separate from petitions for administrative review under § 385.15, and may be filed at any time, 62 F.Supp......
  • Chhetri v. United States, 15–10644.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • May 12, 2016
    ...allow Sky Express to continue operating after the forty-five-day period set to expire on May 28, 2011. See generally 49 C.F.R. §§ 385.3, 385.17(f) (2011). In its written request, Sky Express explained the various steps it was taking to achieve compliance, including making improvements to it......
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