Unsatisfactory Ratings

Posted on May 13, 2012 
Filed Under GETTING AUDITED, HORROR STORIES, POLITICS

I have been hearing some disturbing things about how the FMCSA is reviewing its upgrade petitions. Back in the day, when a motor carrier failed an audit, and received an Unsatisfactory rating, it was a relatively routine matter for the motor carrier to demonstrate it had fixed its problems, and be placed back into the pool of normal motor carriers. No longer. The FMCSA appears to be committed to making the upgrade process as lengthy and difficult as possible.

Again, back in the day when I worked there, the absolute last thing we wanted to do was place a motor carrier Out of Service. That means, the carrier has not demonstrated to the government’s satisfaction they are complying with the rules, and thereby, they cannot operate until do demonstrate compliance. Our leadership and attorneys always seemed troubled about depriving private business of their property, and ability to do business, to say nothing of throwing employees out of work. No longer.

If you receive an Unsatisfactory rating, you need to begin working on getting your rating upgraded IMMEDIATELY. Not tomorrow, not next week, and certainly not in a month. The only requirement FMCSA has on reviewing your upgrade petition is found in 49 CFR 385.17(e), where it says they must review your petition within 45 days, or 30 days if you handle passengers or placardable hazmat. That’s it. Apparently, the FMCSA is starting to take that literally, as I am hearing of horror stories where carriers have filed their petitions one or two weeks before they are placed Out of Service, and the agency ignores their petition, thereby placing the carrier Out of Service. “Hey, man, we have 45 days. You should have filed sooner, we’re busy, we can only do so much in a 40 hour work week! What do you expect, us to drop everything, just so your employees can get a paycheck? Tough, you should have planned ahead.”

My advice is, don’t allow the FMCSA to do you that way. If you are Unsatisfactory, take it seriously, and take it seriously right now. Get that corrective action petition to them as fast as possible. Make it extensive, and make it fast. If you don’t know what you’re doing, call an expert, call me. Under this current FMCSA, they simply don’t care if you have to shut down for a few days or weeks. Get some professional help.

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