You are here

  • § 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

§ 350.327: How may States qualify for Incentive Funds?

(a) A State may qualify for Incentive Funds if it can demonstrate that its CMV safety program has shown improvement in any or all of the following five categories:
(1) Reduction of large truck-involved fatal accidents.
(2) Reduction of large truck-involved fatal accident rate or maintenance of a large truck-involved fatal accident rate that is among the lowest 10 percent of such rates of MCSAP recipients.
(3) Upload of CMV accident reports in accordance with current FMCSA policy guidelines.
(4) Verification of CDLs during all roadside inspections.
(5) Upload of CMV inspection data in accordance with current FMCSA policy guidelines.
(b) Incentive Funds will be distributed based upon the five following safety and program performance factors:
(1) Five shares will be awarded to States that reduce the number of large truck-involved fatal accidents for the most recent calendar year for which data are available when compared to the 10-year average number of large truck-involved fatal accidents ending with the preceding year. The 10-year average will be computed from the number of large truck-involved fatal crashes, as reported by the FARS, administered by the National Highway Traffic Safety Administration (NHTSA).
(2) Four shares will be awarded to States that reduce the fatal-accident rate for the most recent calendar year for which data are available when compared to each State's average fatal accident rate for the preceding 10-year period. States with the lowest 10 percent of accident rates in the most recent calendar year for which data are available will be awarded three shares if the rate for the State is the same as its average accident rate for the preceding 10-year period.
(3) Two shares will be awarded to States that upload CMV accident data within FMCSA policy guidelines.
(4) Two shares will be awarded to States that certify their MCSAP inspection agencies have departmental policies that stipulate CDLs are verified, as part of the inspection process, through Commercial Driver's License Information System (CDLIS), National Law Enforcement Tracking System (NLETS), or the State licensing authority.
(5) Two shares will be awarded to States that upload CMV inspection reports within current FMCSA policy guidelines.
(c) The total of all States' shares awarded will be divided into the dollar amount of Incentive Funds available, thereby establishing the value of one share. Each State's incentive allocation will then be determined by multiplying the State's percentage participation in the formula allocation of Basic Program Funds, by the number of shares it received that year, multiplied by the dollar value of one share.
(d) States may use Incentive Funds for any eligible CMV safety purpose.
(e) Incentive Funds are subject to the same State matching requirements as Basic Program Funds.

Citation: [65 FR 15102, Mar. 21, 2000, as amended at 77 FR 59823, Oct. 1, 2012]

Disclaimer:

Although we make every effort to assure that the information we provide is complete and accurate, it is not intended to take the place of published agency regulations. Regulations issued by the U.S. Department of Transportation and its Operating Administrations are published in the Federal Register and compiled in the U.S. Code of Federal Regulations (CFR). Copies of appropriate volumes of the CFR in book format may be purchased from the Superintendent of Documents, U.S. Government Printing Office, or examined at many libraries.

The CFR may also be viewed online at http://ECFR.gpoaccess.gov.