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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
  • § 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
  • § 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

§ 350.105: What definitions are used in this part?

10-year average accident rate means for each State, the aggregate number of large truck-involved fatal crashes (as reported in the Fatality Analysis Reporting System (FARS)) for a 10-year period divided by the aggregate vehicle miles traveled (VMT) (as defined by the Federal Motor Carrier Safety Administration (FMCSA)) for the same 10-year period.

Accident rate means for each State, the total number of fatal crashes involving large trucks (as measured by the FARS for each State) divided by the total VMT as defined by the FMCSA for each State for all vehicles.

Agency means Federal Motor Carrier Safety Administration.

Administrative Takedown Funds means funds deducted by the FMCSA each fiscal year from the amount made available for the MCSAP for expenses incurred in the administration of the MCSAP, including expenses to train State and local government employees.

Administrator means Federal Motor Carrier Safety Administrator.

Basic Program Funds means the total MCSAP funds less the High Priority Activity, Border Activity, Administrative Takedown, and Incentive Funds.

Commercial motor vehicle (CMV) means a motor vehicle that has any of the following characteristics:

(1) A gross vehicle weight (GVW), gross vehicle weight rating (GVWR), gross combination weight (GCW), or gross combination weight rating (GCWR) of 4,537 kilograms (10,001 pounds) or more.

(2) Regardless of weight, is designed or used to transport 16 or more passengers, including driver.

(3) Regardless of weight, is used in the transportation of hazardous materials and is required to be placarded pursuant to 49 CFR part 172, subpart F.

Commercial vehicle safety plan (CVSP) means the document outlining the State's CMV safety objectives, strategies, activities and performance measures.

Compatible or Compatibility means State laws and regulations applicable to interstate commerce and to intrastate movement of hazardous materials are identical to the FMCSRs and the HMRs or have the same effect as the FMCSRs. State laws applicable to intrastate commerce are either identical to, or have the same effect as, the FMCSRs or fall within the established limited variances under § 350.341.

High Priority Activity Funds means funds provided for carrying out high-priority activities and projects that improve CMV safety and compliance with CMV safety regulations (including activities and projects that are national in scope), increase public awareness and education, demonstrate new technologies, and reduce the number and rate of accidents involving CMVs.

Incentive Funds means funds awarded to States achieving reductions in CMV involved fatal accidents, CMV fatal accident rate, or meeting specified CMV safety program performance criteria.

Large truck means a truck over 10,000 pounds gross vehicle weight rating including single unit trucks and truck tractors (FARS definition).

Motor carrier means a for-hire motor carrier or private motor carrier. The term includes a motor carrier's agents, officers, or representatives responsible for hiring, supervising, training, assigning, or dispatching a driver or concerned with the installation, inspection, and maintenance of motor vehicle equipment or accessories or both.

New Entrant Funds means funds provided to State and local governments to conduct safety audits on New Entrant motor carriers under the New Entrant Safety Assurance Program.

North American Standard Inspection means the methodology used by State CMV safety inspectors to conduct safety inspections of CMVs. This consists of various levels of inspection of the vehicle or driver or both. The inspection criteria are developed by the FMCSA in conjunction with the Commercial Vehicle Safety Alliance (CVSA), an association of States, Canadian Provinces, and Mexico whose members agree to adopt these standards for inspecting CMVs in their jurisdiction.

Operating authority means the registration required by 49 U.S.C. 13902, 49 CFR part 365, 49 CFR part 368, and 49 CFR 392.9a.

Citation: [65 FR 15102, Mar. 21, 2000, as amended at 71 FR 50866, Aug. 28, 2006; 72 FR 36769, July 5, 2007; 77 FR 59823, Oct. 1, 2012]


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

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