49 C.F.R. Subpart B—Requirements for Participation
Title 49 - Transportation
Each State must meet the following twenty-two conditions: (a) Assume responsibility for improving motor carrier safety and adopting and enforcing State safety laws and regulations that are compatible with the FMCSRs (49 CFR parts 390–397) and the HMRs (49 CFR parts 107 (subparts F and G only), 171–173, 177, 178 and 180), except as may be determined by the Administrator to be inapplicable to a State enforcement program. (b) Implement a performance-based program by the beginning of Fiscal Year 2000 and submit a CVSP which will serve as the basis for monitoring and evaluating the State's performance. (c) Designate, in its State Certification, the lead State agency responsible for implementing the CVSP. (d) Ensure that only agencies having the legal authority, resources, and qualified personnel necessary to enforce the FMCSRs and HMRs or compatible State laws or regulations are assigned to perform functions in accordance with the approved CVSP. (e) Allocate adequate funds for the administration of the CVSP including the enforcement of the FMCSRs, HMRs, or compatible State laws or regulations. (f) Maintain the aggregate expenditure of funds by the State and its political subdivisions, exclusive of Federal funds, for motor carrier and highway hazardous materials safety enforcement, eligible for funding under this part, at a level at least equal to the average expenditure for Federal or State fiscal years 1997, 1998, and 1999. (g) Provide legal authority for a right of entry and inspection adequate to carry out the CVSP. (h) Prepare and submit to the FMCSA, upon request, all reports required in connection with the CVSP or other conditions of the grant. (i) Adopt and use the reporting standards and forms required by the FMCSA to record work activities performed under the CVSP. (j) Require registrants of CMVs to declare, at the time of registration, their knowledge of applicable FMCSRs, HMRs, or compatible State laws or regulations. (k) Grant maximum reciprocity for inspections conducted under the North American Standard Inspection through the use of a nationally accepted system that allows ready identification of previously inspected CMVs. (l) Conduct CMV size and weight enforcement activities funded under this program only to the extent those activities do not diminish the effectiveness of other CMV safety enforcement programs. (m) Coordinate the CVSP, data collection and information systems, with State highway safety programs under title 23 United States Code (U.S.C.). (n) Ensure participation in SAFETYNET and other information systems by all appropriate jurisdictions receiving funding under this section. (o) Ensure information is exchanged with other States in a timely manner. (p) Emphasize and improve enforcement of State and local traffic laws and regulations related to CMV safety. (q) Promote activities in support of the national program elements listed in §350.109, including the following three activities: (1) Activities aimed at removing impaired CMV drivers from the highways through adequate enforcement of restrictions on the use of alcohol and controlled substances and by ensuring ready roadside access to alcohol detection and measuring equipment. (2) Activities aimed at providing an appropriate level of training to MCSAP personnel to recognize drivers impaired by alcohol or controlled substances. (3) Interdiction activities affecting the transportation of controlled substances by CMV drivers and training on appropriate strategies for carrying out those interdiction activities. (r) Enforce requirements relating to the licensing of CMV drivers, including checking the status of commercial drivers' licenses (CDL). (s) Require the proper and timely correction of all CMV safety violations noted during inspections carried out with MCSAP funds. (t)(1) Enforce registration requirements under 49 U.S.C. 13902, and 49 CFR part 365, and 49 CFR 392.9a by placing out-of-service the vehicle discovered to be operating without registration or beyond the scope of its registration. (2) Enforce financial responsibility requirements under 49 U.S.C. 13906, 31138, 31139, and 49 CFR part 387. (u) Adopt and maintain consistent, effective, and reasonable sanctions for violations of CMV, driver, and hazardous materials regulations. (v) Ensure that MCSAP agencies have policies that stipulate roadside inspections will be conducted at locations that are adequate to protect the safety of drivers and enforcement personnel. [65 FR 15102, Mar. 21, 2000, as amended at 67 FR 55165, Aug. 28, 2002; 67 FR 61820, Oct. 2, 2002]
Title 49: Transportation
PART 350—COMMERCIAL MOTOR CARRIER SAFETY ASSISTANCE PROGRAM
Subpart B—Requirements for Participation
§ 350.201 What conditions must a State meet to qualify for Basic Program Funds?
§ 350.203 [Reserved]
§ 350.205 How and when does a State apply for MCSAP funding?
(a) The lead agency, designated by the Governor, must submit the State's CVSP to the Motor Carrier State Director, FMCSA, on or before August 1 of each year.
(b) This deadline may, for good cause, be extended by the State Director for a period not to exceed 30 calendar days.
(c) For a State to receive funding, the CVSP must be complete and include all required documents.
§ 350.207 What response does a State receive to its CVSP submission?
(a) The FMCSA will notify the State, in writing, within 30 days of receipt of the CVSP whether:
(1) The plan is approved.
(2) Approval of the plan is withheld because the CVSP does not meet the requirements of this part, or is not adequate to ensure effective enforcement of the FMCSRs and HMRs or compatible State laws and regulations.
(b) If approval is withheld, the State will have 30 days from the date of the notice to modify and resubmit the plan.
(c) Disapproval of a resubmitted plan is final.
(d) Any State aggrieved by an adverse decision under this section may seek judicial review under 5 U.S.C. chapter 7.
§ 350.209 How does a State demonstrate that it satisfies the conditions for Basic Program funding?
(a) The Governor, the State's Attorney General, or other State official specifically designated by the Governor, must execute a State Certification as described in §350.211.
(b) The State must submit the State Certification along with its CVSP, and supplement it with a copy of any State law, regulation, or form pertaining to CMV safety adopted since the State's last certification that bears on the items contained in §350.201 of this subpart.
§ 350.211 What is the format of the certification required by §350.209?
The State's certification must be consistent with the following content:
I (name), (title), on behalf of the State (or Commonwealth) of (State), as requested by the Administrator as a condition of approval of a grant under the authority of 49 U.S.C. 31102, as amended, do hereby certify as follows: 1. The State has adopted commercial motor carrier and highway hazardous materials safety rules and regulations that are compatible with the FMCSRs and the HMRs. 2. The State has designated (name of State CMV safety agency) as the lead agency to administer the CVSP for the grant sought and (names of agencies) to perform defined functions under the plan. These agencies have the legal authority, resources, and qualified personnel necessary to enforce the State's commercial motor carrier, driver, and highway hazardous materials safety laws or regulations. 3. The State will obligate the funds or resources necessary to provide a matching share to the Federal assistance provided in the grant to administer the plan submitted and to enforce the State's commercial motor carrier safety, driver, and hazardous materials laws or regulations in a manner consistent with the approved plan. 4. The laws of the State provide the State's enforcement officials right of entry and inspection sufficient to carry out the purposes of the CVSP, as approved, and provide that the State will grant maximum reciprocity for inspections conducted pursuant to the North American Standard Inspection procedure, through the use of a nationally accepted system allowing ready identification of previously inspected CMVs. 5. The State requires that all reports relating to the program be submitted to the appropriate State agency or agencies, and the State will make these reports available, in a timely manner, to the FMCSA on request. 6. The State has uniform reporting requirements and uses FMCSA designated forms for record keeping, inspection, and other enforcement activities. 7. The State has in effect a requirement that registrants of CMVs declare their knowledge of the applicable Federal or State CMV safety laws or regulations. 8. The State will maintain the level of its expenditures, exclusive of Federal assistance, at least at the level of the average of the aggregate expenditures of the State and its political subdivisions during State or Federal fiscal years 1997, 1998, and 1999. These expenditures must cover at least the following four program areas, if applicable: (a) Motor carrier safety programs in accordance with 49 CFR 350.301. (b) Size and weight enforcement programs. (c) Traffic safety. (d) Drug interdiction enforcement programs. 9. The State will ensure that CMV size and weight enforcement activities funded with MCSAP funds will not diminish the effectiveness of other CMV safety enforcement programs. 10. The State will ensure that violation fines imposed and collected by the State are consistent, effective, and equitable. 11. The State will ensure it has a program for timely and appropriate correction of all violations discovered during inspections conducted using MCSAP funds. 12. The State will ensure that the CVSP, data collection, and information systems are coordinated with the State highway safety program under title 23, U.S. Code. The name of the Governor's highway safety representative (or other authorized State official through whom coordination was accomplished) is ______. (Name) 13. The State participates in SAFETYNET and ensures information is exchanged with other States in a timely manner. 14. The State has undertaken efforts to emphasize and improve enforcement of State and local traffic laws as they pertain to CMV safety. 15. The State will ensure that MCSAP agencies have departmental policies stipulating that roadside inspections will be conducted at locations that are adequate to protect the safety of drivers and enforcement personnel. 16. The State will ensure that requirements relating to the licensing of CMV drivers are enforced, including checking the status of CDLs. 17. The State or a local recipient of MCSAP funds will certify that it meets the minimum Federal standards set forth in 49 CFR part 385, Subpart C, for training and experience of employees performing safety audits, compliance reviews, or driver/vehicle roadside inspections.
Signature____________________
[65 FR 15102, Mar. 21, 2000, as amended at 67 FR 12779, Mar. 19, 2002; 67 FR 61820, Oct. 2, 2002]
§ 350.213 What must a State CVSP include?
The State's CVSP must reflect a performance-based program, and contain the following eighteen items:
(a) A general overview section that must include the following two items:
(1) A statement of the State agency goal or mission.
(2) A program summary of the effectiveness of the prior years' activities in reducing CMV accidents, injuries and fatalities, and improving driver and motor carrier safety performance. Data periods used must be consistent from year to year. This may be calendar year or fiscal year or any 12-month period of time for which the State's data is current. The summary must show trends supported by safety and program performance data collected over several years. It must identify safety or performance problems in the State and those problems must be addressed in the new or modified CVSP.
(b) A brief narrative describing how the State program addresses the national program elements listed in §350.109. The plan must address these elements even if there are no planned activities in a program area. The rationale for the resource allocation decision must be explained. The narrative section must include a description of how the State supports the activities identified in §350.201(q) and (t).
(1) Activities aimed at removing impaired CMV drivers from the highways through adequate enforcement of restrictions on the use of alcohol and controlled substances and by ensuring ready roadside access to alcohol detection and measuring equipment.
(2) Activities aimed at providing an appropriate level of training to MCSAP personnel to recognize drivers impaired by alcohol or controlled substances.
(3) Interdiction activities affecting the transportation of controlled substances by CMV drivers and training on appropriate strategies for carrying out those interdiction activities.
(4) Activities to enforce registration requirements under 49 U.S.C. 13902 and 49 CFR part 365 and financial responsibility requirements under 49 U.S.C. 13906, 31138 and 31139 and 49 CFR part 387.
(c) A definitive problem statement for each objective, supported by data or other information. The CVSP must identify the source of the data, and who is responsible for its collection, maintenance, and analysis.
(d) Performance objectives, stated in quantifiable terms, to be achieved through the State plan. Objectives must include a measurable reduction in highway accidents or hazardous materials incidents involving CMVs. The objective may also include documented improvements in other program areas (e.g., legislative or regulatory authority, enforcement results, or resource allocations).
(e) Strategies to be employed to achieve performance objectives. Strategies may include education, enforcement, legislation, use of technology and improvements to safety infrastructure.
(f) Specific activities intended to achieve the stated strategies and objectives. Planned activities must be eligible under this program as defined in §§350.309 and 350.311.
(g) Specific quantifiable performance measures, as appropriate. These performance measures will be used to assist the State in monitoring the progress of its program and preparing an annual evaluation.
(h) A description of the State's method for ongoing monitoring of the progress of its plan. This should include who will conduct the monitoring, the frequency with which it will be carried out, and how and to whom reports will be made.
(i) An objective evaluation that discusses the progress towards individual objectives listed under the “Performance Objectives” section of the previous year's CVSP and identifies any safety or performance problems discovered. States will identify those problems as new objectives or make modifications to the existing objectives in the next CVSP.
(j) A budget which supports the CVSP, describing the expenditures for allocable costs such as personnel and related costs, equipment purchases, printing, information systems costs, and other eligible costs consistent with §§350.311 and 350.309.
(k) A budget summary form including planned expenditures for that fiscal year and projected number of activities in each national program element, except data collection.
(l) The results of the annual review to determine the compatibility of State laws and regulations with the FMCSRs and HMRs.
(m) A copy of any new law or regulation affecting CMV safety enforcement that was enacted by the State since the last CVSP was submitted.
(n) Executed State Certification as outlined in §350.211.
(o) Executed MCSAP–1 form.
(p) List of MCSAP contacts.
(q) Annual Certification of Compatibility, §350.331.
(r) State Training Plan.
[65 FR 15102, Mar. 21, 2000, as amended at 67 FR 61820, Oct. 2, 2002; 67 FR 63019, Oct. 9, 2002]
§ 350.215 What are the consequences for a State that fails to perform according to an approved CVSP or otherwise fails to meet the conditions of this part?
(a) If a State is not performing according to an approved plan or not adequately meeting conditions set forth in §350.201, the Administrator may issue a written notice of proposed determination of nonconformity to the Governor of the State or the official designated in the plan. The notice will set forth the reasons for the proposed determination.
(b) The State will have 30 days from the date of the notice to reply. The reply must address the deficiencies or incompatibility cited in the notice and provide documentation as necessary.
(c) After considering the State's reply, the Administrator will make a final decision.
(d) In the event the State fails timely to reply to a notice of proposed determination of nonconformity, the notice becomes the Administrator's final determination of nonconformity.
(e) Any adverse decision will result in immediate cessation of Federal funding under this part.
(f) Any State aggrieved by an adverse decision under this section may seek judicial review under 5 U.S.C. chapter 7.
§ 350.217 What are the consequences for a State with a CDL program not in substantial compliance with 49 CFR part 384, subpart B?
(a) A State with a CDL program not in substantial compliance with 49 CFR part 384, subpart B, as required by 49 CFR part 384, subpart C, is subject to the loss of all Motor Carrier Safety Assistance Program (MCSAP) grant funds authorized under sec. 103(b)(1) of the Motor Carrier Safety Improvement Act of 1999 [Pub. L. 106–159, 113 Stat. 1748] and loss of certain Federal-aid highway funds, as specified in 49 CFR part 384, subpart D.
(b) Withheld MCSAP grant funds will be restored to the State if the State meets the conditions of §384.403(b) of this subchapter.
[67 FR 49755, July 31, 2002]
Browse Previous | Browse Next
