§ 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 Highway Administration (FHWA) 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 Vehicles Miles Traveled (VMT) as defined by the Federal Highway Administration (FHWA) 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 and for the administration of the programs.
Administrator means Federalthe Motoradministrator Carrierof Safety AdministratorFMCSA.
BasicBorder ProgramState Funds means totala MCSAPState fundsthat lessshares thea Administrativeland Takedownborder andwith IncentiveCanada Fundsor Mexico.
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) or the Plan 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
Incentive(3) FundsAs meansapplicable fundsto awardedinterstate and intrastate commerce involving the movement of hazardous materials, are identical to the HMRs.
FMCSA means the Federal Motor Carrier Safety Administration of the United States achievingDepartment reductionsof inTransportation.
FMCSRs CMVmeans:
(1) involvedThe fatalFederal accidentsMotor Carrier Safety Regulations under parts 390, CMV391, fatal392, accident393, rate395, or396, meetingand specified397 CMVof safetythis programsubchapter; performanceand
(2) criteriaApplicable standards and orders issued under these provisions.
InnovativeHMRs Technologymeans:
(1) DeploymentThe Federal Hazardous Materials Regulations under subparts F and G of part 107, and parts 171, 172, 173, 177, 178, and 180 of this title; and
(2) Applicable standards and orders issued under these provisions.
High Priority Program funds means total funds providedavailable tofor Statesthe forHigh carryingPriority outProgram, less the deploymentadministrative takedown funds.
Investigation means an examination of innovativemotor technologycarrier thatoperations supportand records, such as drivers' hours of service, maintenance and inspection, driver qualification, commercial vehicledriver's informationlicense systemsrequirements, financial responsibility, crashes, hazardous materials, and networks.
Largeother trucksafety meansand transportation records, to determine whether a truckmotor overcarrier 10meets safety standards,000 poundsincluding grossthe vehiclesafety weightfitness ratingstandard includingunder single§ unit385.5 trucksof andthis trucksubchapter, tractorsor, (FARSfor definition)intrastate motor carrier operations, the applicable State standard.
Lead State Agency means the State CMV safety agency designated by the Governor to be responsible for administering the PlanCVSP throughout thea State.
LevelMaintenance of effort -(MOE) seemeans Maintenancethe level of effort.
Maintenancea ofState's effortfinancial meansexpenditures, other than the levelrequired ofmatch, effortthe Lead State AgenciesAgency areis required to maintainexpend each fiscal year in accordance with 49§ CFR 350.301225. Maintenance of effort is also referred to as “maintenance of expenditure” and “level of effort.”
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 thea registration required by 49 U.S.C. 13902 and 31144, 49 CFR parts 365 and 368, and § 392.9a.
Plan - see Commercial Vehicle Safety Plan or CVSP.
State or States means all of the United States, the District of Columbia, theAmerican Commonwealth of Puerto RicoSamoa, the Commonwealth of the Northern Mariana Islands, Americanthe SamoaCommonwealth of Puerto Rico, Guam, and the Virgin Islands.
[65 FR 15102, Mar.unless 21,otherwise 2000,specified asin amendedthis atpart.
Traffic 71enforcement FRmeans 50866,the Aug.stopping 28,of 2006;vehicles 72operating FRon 36769,highways Julyfor 5,moving 2007;violations 77of FR 59823State, Oct. 1Tribal, 2012;or 80local FRmotor 59071,vehicle Oct.or 1,traffic 2015;laws 81by FRState, 71010Tribal, Oct.or 14,local 2016]officials.