49 U.S.C. § 5113
Section 5113 · Unsatisfactory safety rating
Current version, with additions and removals from the July 5, 1994 version.
(a) Prohibited Transportation.—A motor carrier receiving an unsatisfactory safety rating from the Secretary of Transportation has 45 days to improve the rating to conditional or satisfactory. Beginning on the 46th day and until the motor carrier receives a conditional or satisfactory rating, a motor carrier not having received a conditional or satisfactory rating during the 45-day period may not operate a commercial motor vehicle (as defined in section 31132 of this title)—
(1) to transport hazardous material for which placarding of a motor vehicle is required under regulations prescribed under this chapter; or
(2) to transport more than 15 individuals.
(b) Rating Review.—The Secretary shall review the factors that resulted in a motor carrier receiving an unsatisfactory rating not later than 30 days after the motor carrier requests a review.
(c) Prohibited Government Use.—A department, agency, or instrumentality of the United States Government may not use a motor carrier that has an unsatisfactory rating from the Secretary—
(1) to transport hazardous material for which placarding of a motor vehicle is required under regulations prescribed under this chapter; or
(2) to transport more than 15 individuals.
(d) Public Availability and Updating of Ratings.—The Secretary, in consultation with the Interstate Commerce Commission, shall prescribe regulations amending the motor carrier safety regulations in subchapter B of chapter III of title 49, Code of Federal Regulations, to establish a system to make readily available to the public, and update periodically, the safety ratings of motor carriers that have unsatisfactory ratings from the Secretary.
A violation of section 31144(c)(3) shall be considered a violation of this chapter, and shall be subject to the penalties in sections 5123 and 5124.