How FMCSA downgrades a carrier
- FMCSA assigns Satisfactory, Conditional, or Unsatisfactory after a rated investigation called a compliance review.
- Violations are classified as Acute or Critical. Patterns of Critical violations matter.
- Each Acute violation or a pattern of Critical violations inside a factor equals one point. Hours of Service Critical patterns count as two points.
- Factor rating. Zero points equals Satisfactory. One point equals Conditional. Two or more points equals Unsatisfactory.
- Overall rating is set by the mix of factor ratings. Any two or more Unsatisfactory factors, or one Unsatisfactory plus multiple Conditional factors, can drive an Unsatisfactory overall.
Shutdown timing after a proposed Unsatisfactory
Passenger or placarded HM carriers are prohibited on day 46. All other carriers are prohibited on day 61. Move fast with corrective action and an upgrade request.
Passenger or placarded HM carriers are prohibited on day 46. All other carriers are prohibited on day 61. Move fast with corrective action and an upgrade request.
What will get you downgraded
Area | What gets you downgraded | Examples CFR | Your move |
---|---|---|---|
Drug and Alcohol | No program. No randoms. Using prohibited drivers. Skipping pre employment or post accident tests. No return to duty when required. | 382.115. 382.305. 382.301. 382.201. 382.211. 382.215. 382.309. | Written policy. Enroll all CDL drivers. Track random rates and completion. Use a solid CTPA. Document post accident tests and return to duty. |
Driver status and medical | Using a disqualified or physically unqualified driver. Missing medical documents or MVRs inside DQ files. | 383.51. 391.15. 391.11. 391.45. 391.51. | Run pre hire and annual MVRs. Verify medical certificates. Maintain complete DQ files. Pull Clearinghouse queries on schedule. |
Hours of Service | Patterns of 11, 14, 60 or 70 violations or falsification. HOS Critical patterns count as two points. | 395.3 series. Appendix B weighting. | Use ELD exception checks. Audit logs against fuel and dispatch. Coach and document corrective action. |
Vehicle maintenance | High roadside out of service rate or patterns of Part 396 violations. Weak inspection and repair systems. | Appendix B vehicle factor. 393 and 396 items. Out of service threshold language. | Tighten DVIRs and PM schedules. Close defects with sign off. Trend the top out of service causes and fix at the root. |
Insurance and financial responsibility | Operating without required coverage or lacking proof at the principal place of business. | 387.7. Passenger 387.31. | Verify limits and filings. Keep proof on site. Track renewals and MCS 90 forms. |
Driver Qualification Files | Missing files or required inquiries and documents. | 391.51. Required items in 391.51 subsection b. | Centralize DQ files. Checklist every file. Re verify annually. |
Operations and securement | Scheduling runs that cannot be done legally. Poor cargo securement controls. | 392.6. 392.9. | Dispatch with legal plans. Train and spot check securement. Use photo checks. |
Hazmat | Serious or patterned violations in parts tied to Factor 5. | Parts 171. 177. 180. Appendix B factor list. | Assign a Hazmat lead. Audit shipping papers, placards, training, and packaging. |
Tip. Score yourself by factor. Zero points equals Satisfactory. One point equals Conditional. Two or more equals Unsatisfactory. HOS Critical patterns count two points.
Notes. This page summarizes 49 CFR Part 385 Appendix B for rating, and related sections in Parts 383, 387, 391, 393, 395, and 396. For shutdown timing after a proposed Unsatisfactory, see 385.13. For state CDL downgrades tied to medical status and Clearinghouse notices, see 383.73.
Educational use. This resource is not legal advice. Always consult the current regulations and your counsel.