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

§ 350.331: How does a State ensure its laws and regulations are compatible with the FMCSRs and HMRs?

(a) A State must review any new law or regulation affecting CMV safety as soon as possible, but in any event immediately after enactment or issuance, for compatibility with the FMCSRs and HMRs.
(b) If the review determines that the new law or regulation is incompatible with the FMCSRs and/or HMRs, the State must immediately notify the Division Administrator/State Director.
(c) A State must conduct an annual review of its laws and regulations for compatibility and report the results of that review in the annual CVSP in accordance with § 350.213(l) along with a certification of compliance, no later than August 1 of each year. The report must include the following two items:
(1) A copy of the State law, regulation, or policy relating to CMV safety that was adopted since the State's last report.
(2) A certification, executed by the State's Governor, Attorney General, or other State official specifically designated by the Governor, stating that the annual review was performed and that State CMV safety laws remain compatible with the FMCSRs and HMRs. If State CMV laws are no longer compatible, the certifying official shall explain.
(d) As soon as practical after the effective date of any newly enacted regulation or amendment to the FMCSRs or HMRs, but no later than three years after that date, the State must amend its laws or regulations to make them compatible with the FMCSRs and/or HMRs, as amended.

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.