§ 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 MotorHighway Carrier Safety Administration (FMCSAFHWA)) 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 Vehicles Miles Traveled (VMT) as defined by the FMCSAFederal Highway Administration (FHWA) 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, New Entrant, 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) or the Plan 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.
HighIncentive PriorityFunds Activitymeans Fundsfunds awarded to States achieving reductions in CMV involved fatal accidents, CMV fatal accident rate, or meeting specified CMV safety program performance criteria.
Innovative Technology Deployment funds means funds provided to States for carrying out high-prioritythe activitiesdeployment andof projectsinnovative technology that improvesupport CMVcommercial safetyvehicle information systems and compliancenetworks.
Large withtruck CMVmeans safetya regulationstruck (over 10,000 pounds gross vehicle weight rating including activitiessingle andunit projectstrucks thatand aretruck nationaltractors in(FARS scopedefinition),.
Lead increaseState publicAgency awarenessmeans andthe education,State demonstrateCMV newsafety technologies,agency anddesignated reduceby the numberGovernor andto ratebe ofresponsible accidentsfor involvingadministering CMVsthe Plan throughout the State.
IncentiveLevel Fundsof meanseffort funds- awardedsee toMaintenance Statesof achievingeffort.
Maintenance reductionsof ineffort CMVmeans involvedthe fatallevel accidents,of CMVeffort fatalLead accidentState rate,Agencies orare meetingrequired specifiedto CMVmaintain safetyeach programfiscal performanceyear criteria.
Largein truckaccordance meanswith a49 truckCFR over350.301. 10,000Maintenance poundsof grosseffort vehicleis weightalso ratingreferred includingto singleas unit“maintenance trucksof expenditure” and truck“level tractorsof (FARS definition)effort.”
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 and 31144, 49 CFR partparts 365, 49and CFR part 368, and 49§ CFR 392.9a.
Plan - see Commercial Vehicle Safety Plan or CVSP.
State or States means all of the States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and the Virgin Islands.
[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; 80 FR 59071, Oct. 1, 2015; 81 FR 71010, Oct. 14, 2016]