§ 350.105 Definitions.

10-yearUnless averagespecifically accidentdefined ratein meansthis for each Statesection, theterms aggregateused number of large truck-involved fatal crashes (as reported in thethis Fatalitypart Analysisare Reportingsubject Systemto (FARS)) for a 10-year period divided by the aggregatedefinitions vehiclein miles49 traveledCFR (VMT)part (as defined by the Federal Motor Carrier Safety Administration (FMCSA) ) for the same 10-year period390.
Accident rateAs meansused forin eachthis 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.part:
Agency means Federal Motor Carrier Safety Administration.
Administrative Takedowntakedown Fundsfunds means funds deducted by the FMCSA deducts each fiscal year from the amountamounts made available for the MCSAP forand expensesthe incurredHigh inPriority theProgram administrationfor ofexpenses theincurred MCSAP,by includingFMCSA expensesfor totraining train State and local government employees.
Administrator meansand Federalfor Motorthe Carrieradministration Safetyof Administratorthe programs.
BasicAdministrator Program Funds means the totaladministrator MCSAPof funds less the High Priority Activity, Border Activity, Administrative Takedown, and Incentive FundsFMCSA.
Border ActivityState Funds means fundsa providedState tothat States,shares locala governments,land and other persons carrying out programs, activities, and projects relating to CMV safety and regulatory enforcement supporting the North American Free Trade Agreement (NAFTA) at the U.S. border. Upwith toCanada 5or percent of total MCSAP funds are available for these activitiesMexico.
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 the 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 thea document outlining the State's CMV safety objectives, strategies, activities, and performance measures that cover a 3-year period, including the submission of the CVSP for the first year and annual updates thereto for the second and third years.
Compatible or Compatibilitycompatibility means State laws, regulations, standards, and regulationsorders on CMV safety that:
(1) As applicable to interstate commerce andnot toinvolving intrastatethe movement of hazardous materials:
(i) areAre identical to or have the FMCSRssame andeffect as the HMRsFMCSRs; or
(ii) haveIf thein sameaddition effectto asor more stringent than the FMCSRs., Statehave lawsa safety benefit, do not unreasonably frustrate the Federal goal of uniformity, and do not cause an unreasonable burden on interstate commerce when enforced;
(2) As applicable to intrastate commerce arenot eitherinvolving the movement of hazardous materials:
(i) Are identical to, or have the same effect as, the FMCSRs; or
(ii) fallFall within the established limited variances from the FMCSRs allowed under §  350.341305 or § 350.307; and
High(3) PriorityAs Activityapplicable Fundsto meansinterstate fundsand providedintrastate commerce involving the movement of hazardous materials, are identical to the HMRs.
FMCSA means the Federal Motor Carrier Safety Administration of the United States Department of Transportation.
FMCSRs means:
(1) The Federal Motor Carrier Safety Regulations under parts 390, local391, governments392, and393, other395, persons396, carryingand out397 activitiesof this subchapter; and
(2) projectsApplicable thatstandards directlyand supportorders theissued MCSAP,under arethese nationalprovisions.
HMRs inmeans:
(1) scopeThe inFederal thatHazardous theMaterials successfulRegulations activityunder orsubparts projectF couldand potentiallyG beof appliedpart in107, otherand Statesparts on171, a172, national173, scale177, 178, and improve180 CMVof safetythis title; and
(2) complianceApplicable withstandards CMVand safetyorders regulations.issued Upunder tothese 5provisions.
High percentPriority ofProgram totalfunds MCSAPmeans total funds are available for thesethe activitiesHigh Priority Program, less the administrative takedown funds.
IncentiveInvestigation Funds means fundsan awardedexamination of motor carrier operations and records, such as drivers' hours of service, maintenance and inspection, driver qualification, commercial driver's license requirements, financial responsibility, crashes, hazardous materials, and other safety and transportation records, to Statesdetermine achievingwhether reductionsa inmotor CMVcarrier involvedmeets fatalsafety accidentsstandards, CMVincluding fatalthe accidentsafety ratefitness standard under § 385.5 of this subchapter, or, meetingfor specifiedintrastate motor carrier operations, the applicable State standard.
Lead State Agency means the State CMV safety programagency performanceresponsible criteriafor administering the CVSP throughout a State.
LargeMaintenance truckof effort (MOE) means the level of a truckState's overfinancial 10expenditures,000 poundsother grossthan vehiclethe weightrequired ratingmatch, includingthe singleLead unitState trucksAgency andis truckrequired tractorsto (FARSexpend definition)each fiscal year in accordance with § 350.225.
Motor carrier means a for-hire motor carrier or private motor carrier. The term includes a motor carrier's agents, officers, orand representatives, as well as employees responsible for hiring, supervising, training, assigning, or dispatching a driver or an employee concerned with the installation, inspection, and maintenance of motor vehicle equipment or accessories.
Motor orCarrier bothSafety Assistance Program (MCSAP) funds means total formula grant funds available for MCSAP, less the administrative takedown funds.
New entrant safety audit means the safety audit of an interstate motor carrier that is required as a condition of MCSAP eligibility under § 350.207(a)(26), and, at the State's discretion, an intrastate new entrant motor carrier under 49 U.S.C. 31144(g) that is conducted in accordance with subpart D of part 385 of this subchapter.
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), which is an association of States, Canadian Provinces, and Mexico whose members agree to adopt these standards for inspecting CMVs in their jurisdiction.
OperatingState authority means a State of the registrationUnited requiredStates, bythe 49District U.S.C.of 13902Columbia, 49American CFRSamoa, partthe 365Commonwealth of the Northern Mariana Islands, 49the CFRCommonwealth partof 368Puerto Rico, Guam, and 49the CFRVirgin 392Islands, unless otherwise specified in this part.9a.
[65Traffic FRenforcement 15102,means Mar.the 21stopping of vehicles operating on highways for moving violations of State, 2000Tribal, asor amendedlocal atmotor 71vehicle FRor 50866,traffic Aug.laws 28by State, 2006]Tribal, or local officials.