A conditional safety rating means FMCSA found that a motor carrier does not have adequate safety management controls in place to ensure compliance with the safety fitness standard (49 CFR 385.3). Under 49 CFR 385.17, a carrier that has corrected the deficiencies can request a rating change at any time, in writing, with evidence of its corrective actions. FMCSA decides; no consultant can guarantee an upgrade.
What a Conditional Rating Means.
Safety ratings come out of an FMCSA compliance review. FMCSA must send written notice of the rating as soon as practicable and no later than 30 days after the review, with a list of the deficiencies the carrier must correct (49 CFR 385.11). A proposed conditional rating becomes final after 45 days for carriers hauling placardable hazardous materials or passengers, and after 60 days for other carriers.
A conditional rating does not by itself stop you from operating. But some brokers, shippers, and insurers review safety ratings when deciding whether to work with a carrier, so the rating can cost freight and complicate renewals while it stands.
How a Rating Change Request Works.
49 CFR 385.17 sets out the steps:
- Correct the deficiencies listed in FMCSA's notice.
- Document the corrections. The request must be based on evidence that you have taken corrective actions and that your operations currently meet the safety standard and factors in 49 CFR 385.5 and 385.7. It must include a written description of the corrective actions and any other documentation you want FMCSA to consider.
- Submit it in writing to the FMCSA Service Center for the area where your principal place of business is located (listed in 49 CFR 390.27). You can make the request at any time.
- FMCSA decides based on your documentation and any other relevant information, and notifies you in writing whether the rating is upgraded.
- If the request is denied, you may request administrative review under 49 CFR 385.15 within 90 days of the denial.
The rule sets FMCSA review periods only for carriers with an unsatisfactory rating, so there is no fixed timeline for a decision on a conditional rating.
Rating Change or Administrative Review?
A rating change request (49 CFR 385.17) is for when the deficiencies were real and you have fixed them. An administrative review (49 CFR 385.15) is for when you believe FMCSA made an error in assigning the rating. That request explains the error, lists the factual and procedural issues in dispute with supporting documents, and must be made within 90 days of the proposed or final rating. If you are unsure which applies, talk to us or an attorney before you file.
How Fleet Regulators Helps.
- Review your FMCSA notice and the compliance review findings with you, deficiency by deficiency.
- Build a corrective action plan and fix the underlying records: driver qualification files, hours of service, maintenance records, and your drug and alcohol program.
- Help you prepare the written description of corrective actions and the supporting documents for your request.
- Keep the fixes in place with ongoing monitoring, so the same deficiencies do not return.
We are an independent company, not part of FMCSA, and we cannot change your rating. You submit the request as the carrier, and FMCSA decides. We do not promise an upgrade or a timeline. If your rating is a proposed unsatisfactory rating, deadlines are much tighter: contact us or an attorney right away. See also DOT audit help.