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  • § 350.101
    What is the Motor Carrier Safety Assistance Program (MCSAP)?
  • § 350.103
    What is the purpose of this part?
  • § 350.105
    What definitions are used in this part?
  • § 350.107
    What jurisdictions are eligible for MCSAP funding?
  • § 350.109
    What are the national program elements?
  • § 350.111
    What constitutes traffic enforcement for the purpose of the MCSAP?
  • § 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?
  • § 350.207
    What response does a State receive to its CVSP submission?
  • § 350.209
    How does a State demonstrate that it satisfies the conditions for Basic Program funding?
  • § 350.211
    What is the format of the certification required by § 350.209?
  • § 350.213
    What must a State CVSP include?
  • § 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?
  • § 350.301
    What level of effort must a State maintain to qualify for MCSAP funding?
  • § 350.303
    What are the State and Federal shares of expenses incurred under an approved CVSP?
  • § 350.305
    Are U.S. Territories subject to the matching funds requirement?
  • § 350.307
    How long are MCSAP funds available to a State?
  • § 350.309
    What activities are eligible for reimbursement under the MCSAP?
  • § 350.311
    What specific items are eligible for reimbursement under the MCSAP?
  • § 350.313
    How are MCSAP funds allocated?
  • § 350.315
    How may Basic Program Funds be used?
  • § 350.317
    What are Incentive Funds and how may they be used?
  • § 350.319
    What are permissible uses of High Priority Activity Funds?
  • § 350.321
    What are permissible uses of New Entrant Funds?
  • § 350.323
    What criteria are used in the Basic Program Funds allocation?
  • § 350.325
    [Reserved]
  • § 350.327
    How may States qualify for Incentive Funds?
  • § 350.329
    How may a State or local agency qualify for High Priority Funds?
  • § 350.331
    How does a State ensure its laws and regulations are compatible with the FMCSRs and HMRs?
  • § 350.333
    What are the guidelines for the compatibility review?
  • § 350.335
    What are the consequences if my State has laws or regulations incompatible with the Federal regulations?
  • § 350.337
    How may State laws and regulations governing motor carriers, CMV drivers, and CMVs in interstate commerce differ from the FMCSRs and still be considered compatible?
  • § 350.339
    What are tolerance guidelines?
  • § 350.341
    What specific variances from the FMCSRs are allowed for State laws and regulations governing motor carriers, CMV drivers, and CMVs engaged in intrastate commerce and not subject to Federal jurisdiction?
  • § 350.343
    How may a State obtain a new exemption for State laws and regulations for a specific industry involved in intrastate commerce?
  • § 350.345
    How does a State apply for additional variances from the FMCSRs?

Part 350
COMMERCIAL MOTOR CARRIER SAFETY ASSISTANCE PROGRAM

§ 350.201: What conditions must a State meet to qualify for Basic Program Funds?

Each State must meet the following 25 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 performance-based activities, including deployment of technology to enhance the efficiency and effectiveness of CMV safety programs.
(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 lead agency responsible for implementing the CVSP, exclusive of Federal funds and State matching amounts, for CMV safety programs eligible for funding under this part, at a level at least equal to the average level of that expenditure for fiscal years 2004 and 2005. Upon the request of a State, the Secretary may allow the State to exclude State expenditures for Government-sponsored demonstration or pilot projects. Upon the request of a State, the Secretary may waive or modify the requirements of this subsection for one fiscal year, if the Secretary determines that a waiver is equitable due to exceptional or uncontrollable circumstances, such as a natural disaster or a serious decline in the financial resources of the MCSAP agency.
(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 appropriate FMCSA systems 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) Establish and dedicate sufficient resources to a program to ensure that accurate, complete, and timely motor carrier safety data are collected and reported, and ensure the State's participation in a national motor carrier safety data correction system prescribed by FMCSA.
(t)(1) Enforce registration (i.e., operating authority) requirements under 49 U.S.C. 13902, 49 CFR part 365, 49 CFR part 368, and 49 CFR 392.9a by prohibiting the operation of (i.e., placing out of service) any vehicle discovered to be operating without the required operating authority or beyond the scope of the motor carrier's operating authority.
(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.
(w) Include in the training manual for the licensing examination to drive a CMV and the training manual for the licensing examination to drive a non-CMV information on best practices for driving safely in the vicinity of non-CMVs and CMVs.
(x) Conduct comprehensive and highly visible traffic enforcement and CMV safety inspection programs in high-risk locations and corridors.
(y) Except in the case of an imminent or obvious safety hazard, ensure that an inspection of a vehicle transporting passengers for a motor carrier of passengers is conducted at a station, terminal, border maintenance facility, destination, or other location where a motor carrier may make a planned stop.
(z) Ensure transmittal to roadside inspectors the notice of each Federal exemption the State receives from FMCSA pursuant to 49 CFR part 381 subpart C, including the name of the person granted the exemption and any terms and conditions that apply to the exemption.

Citation: [65 FR 15102, Mar. 21, 2000, as amended at 67 FR 55165, Aug. 28, 2002; 67 FR 61820, Oct. 2, 2002; 71 FR 50866, Aug. 28, 2006; 72 FR 36769, July 5, 2007; 75 FR 17240, Apr. 5, 2010; 77 FR 28449, 28454, May 14, 2012; 78 FR 60230, Oct. 1, 2013]