Conditional safety rating upgrade: getting back on track
A conditional or unsatisfactory safety rating doesn't have to end your trucking company. We help you correct what the investigator found, document every change and prepare a written request for a conditional safety rating upgrade, or a change to an unsatisfactory one.
Where you stand after a bad rating
If a compliance review or investigation left you with a proposed or final conditional or unsatisfactory rating, two questions matter right away: how much time you have, and what proof will show FMCSA the problems are fixed.
With an unsatisfactory rating, time is short. Under 49 CFR 385.13, most property carriers are prohibited from operating starting the 61st day after the notice of a proposed unsatisfactory rating. Hazmat and passenger carriers are prohibited starting the 46th day. FMCSA may allow up to 60 more days for a carrier making a good-faith effort to improve.
With a conditional rating, the pressure is different but real. The problems behind it are still in your operation until you change them, and customers and insurers may ask about your rating. Either way, the work is the same: fix the cause, then prove it.
If you are a new carrier who failed a new entrant safety audit, a different rule and timeline apply. See new entrant safety audit.
How a conditional safety rating upgrade works
49 CFR 385.17 lets a carrier with a proposed or final conditional or unsatisfactory rating ask FMCSA to change it at any time after correcting the problems. The request goes in writing to the FMCSA Service Center, and it must include evidence that you took corrective action.
For an unsatisfactory rating, FMCSA reviews the request within 45 days for most property carriers, and within 30 days for passenger carriers and placardable hazmat carriers. If FMCSA denies the request, you can ask for administrative review under 49 CFR 385.15 within 90 days.
A request that only says "we fixed it" gives FMCSA nothing to check. The evidence carries it, and the evidence has to match the violations the investigator found.
How we help you get back on track
Read the findings
We go through the investigation report with you, violation by violation, and sort them by how serious they are.
Find the cause
For each violation we ask why it happened. A missing medical certificate is often a tracking problem. A string of log violations is often a dispatch problem.
Fix the practice
We help you change how the work gets done: hiring steps, the testing program, log reviews, the maintenance schedule, and who checks what each week.
Build the evidence file
We assemble the documents that show each change, labeled and tied to the violation it answers.
Prepare the request
We draft your corrective action plan and written request for your review and signature. You send it, or we send it with your authorization.
Keep it fixed
Afterward we can review your files on a schedule so the same problems don't return. That is part of our trucking company management work.
A team behind getting you back on track
Getting back on track is done with education behind it: a team with up-to-date information on the newest FMCSA rules, helping your company fix what went wrong the right and correct way.
Evidence that shows a practice changed
What you include depends on what the investigator found. Common examples:
Driver files
Complete driver qualification files for every driver, with a way to track expiring medical certificates and annual reviews.
Drug and alcohol testing
Proof of a working program: random testing enrollment, selection records and Clearinghouse queries.
Hours of service
A written log-review procedure and records showing someone checks the logs and follows up.
Vehicle maintenance
A file for each vehicle, current annual inspections and a maintenance calendar.
Policies and training
Written policies, signed driver acknowledgments and supervisor training records.
Ongoing monitoring
A schedule showing who reviews what and when, with records that the reviews happened.
Signs you should get help now
- You received a notice of a proposed unsatisfactory rating
- Your compliance review ended with a conditional rating
- The violations cover more than one area: drivers, logs, testing or maintenance
- No one person is responsible for your safety records
- You fixed things after the review but have no paperwork showing it
- A customer or insurer has asked about your rating
Facing a proposed unsatisfactory rating?
Reach out the day the notice arrives. The days count from the notice, and every one of them matters. We are a carrier-first company, and keeping your trucking company running is the work we do. Call 901-205-9679 or use the form below.
Questions and answers
Can I request a safety rating upgrade at any time?
Yes. Under 49 CFR 385.17, a carrier with a proposed or final conditional or unsatisfactory rating may request a change at any time after correcting the problems, in writing to the FMCSA Service Center, with evidence of corrective action.
How long does FMCSA take to review an upgrade request?
For an unsatisfactory rating, FMCSA reviews within 45 days for most property carriers and 30 days for passenger and placardable hazmat carriers (49 CFR 385.17). We'll talk through what to expect for your situation when we review your case.
How long can I operate with a proposed unsatisfactory rating?
Most property carriers are prohibited from operating starting the 61st day after the notice; hazmat and passenger carriers starting the 46th day. FMCSA may allow up to 60 more days for a good-faith effort (49 CFR 385.13).
What if my upgrade request is denied?
You can ask for administrative review under 49 CFR 385.15 within 90 days of the denial.
Can LFS promise an upgrade?
No. FMCSA makes the decision. We help you correct the problems and present clear evidence, which is the part you control.
Is LFS a law firm?
No. We are a compliance service company, not attorneys, and we don't give legal advice. If you want legal representation in an FMCSA proceeding, talk to a transportation attorney.
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Get help with your safety rating
Tell us your rating, the date on your notice and how many drivers and trucks you run. We'll reply with next steps.
Prefer the phone? Call 901-205-9679.