§ 350.201 What conditions must a State meet to qualify for MCSAP Funds?

EachTo Statequalify mustfor meetMCSAP theFunds, followingeach 26State conditionsmust:
(a) Assume responsibility for improving motor carrier safety andby adopting and enforcing State safety laws and regulations, standards, and orders that are compatible with Federal regulations, the FMCSRs (49 CFR parts 390-397) and the HMRs (49 CFR parts 107 (subparts F and G only), 171-173, 177, 178 and 180), and standards, and orders of the Federal Government, except as may be determined by the Administrator to be inapplicable to a State enforcement program.
(b) Implement performance-based activities, including deployment and maintenance of technology to enhance the efficiency and effectiveness of CMV safety programs.
(c) Designate, ina itsLead State Certification,Agency the lead State agency responsible for implementingadministering the CVSP throughout the State.
(d) EnsureGive satisfactory assurances that onlythe agenciesLead havingState Agency has or will have the legal authority, resources, and qualified personnel necessary to enforce the FMCSRs and HMRs or compatible State laws or regulations, arestandards assignedand toorders perform functions in accordance with the approved CVSP.
(e) AllocateGive satisfactory assurances that the State will devote adequate fundsresources forto the administration of the CVSP including the enforcement of the FMCSRs, HMRs, or compatible State laws, or regulations, standards, and orders throughout the State.
(f) MaintainProvide that the aggregatetotal expenditure of fundsamounts byof the Lead State leadAgency agency responsible for implementingadministering the CVSP,Plan exclusivewill ofbe Federalmaintained funds and State matching amounts, for CMV safety programs eligible for funding under this part, at a level at least equal to the average level of thateffort expenditureeach for fiscal yearsyear 2004in andaccordance 2005.with Upon49 theCFR request350.301.
(g) ofProvide a State,right theof Secretaryentry may allow the State to exclude State expenditures for Government-sponsored demonstration (or pilotother projects.method Upon the request of a State, the Secretary may waiveuse or modify the requirements of this subsection for one fiscal year, if the Secretary determines that a waiver is equitableadequate due to exceptionalobtain ornecessary uncontrollable circumstances, such as a natural disaster or a serious decline in the financial resources of the MCSAP agency.
(ginformation) Provide legal authority for a right of entry and inspection adequate to carry out the CVSP.
(h) PrepareProvide andthat submit to the FMCSA, upon request, all reports required in connection with the CVSP orunder otherthis conditionssection ofbe theavailable grantto FMCSA upon request.
(i) AdoptProvide andthat usethe Lead State Agency adopt the reporting standards and formsuse required by the FMCSAforms tofor recordrecordkeeping, workinspections, activitiesand performedinvestigations underthat theFMCSA CVSPprescribes.
(j) Require all registrants of CMVs to declare,demonstrate at the time of registration, their knowledge of applicable FMCSRs, HMRs, or compatible State laws or regulations, standards, and orders.
(k) Grant maximum reciprocity for inspections conducted under the North American Standard Inspection Standards through the use of a nationally accepted system that allows ready identification of previously inspected CMVs.
(l) ConductEnsure CMVthat size and weight enforcement activities fundeddescribed underin this49 programCFR only350.309, toif thefinanced extentthrough thoseMCSAP activitiesfunds, dowill not diminish the effectiveness of otherthe CMVdevelopment safetyand enforcementimplementation of the programs to improve motor carrier, CMV, and driver safety.
(m) CoordinateEnsure that the Lead State Agency will coordinate the CVSP, data collection and information systems, with the State highway safety programsimprovement program under title 23 United States Code (U.S.C. 148(c).
(n) Ensure participation in appropriate FMCSA information technology and data systems and other information systems by all appropriate jurisdictions receiving funding under this section.
(o) Ensure information is exchanged with other States in a timely manner.
(p) EmphasizeProvide satisfactory assurances that the State will undertake efforts that will emphasize and improve enforcement of State and local traffic laws and regulations related to CMV safety.
(q) PromoteProvide satisfactory assurances that the State will address activities in support of the national program elements listed in §  350.109, including the following three activities:
(1) Activities aimed at removing impaired CMV drivers from the highways through adequate enforcement of restrictionsregulations on the use of alcohol and controlled substances and by ensuring ready roadside access to alcohol detection and measuring equipment.
(2) Activities aimed at providing an appropriate level of training to MCSAP personnel to recognize drivers impaired by alcohol or controlled substances.
(3) InterdictionActivities activitiesrelated affectingto thecriminal transportationinterdiction, ofincluding controlledhuman substancestrafficking, bywhen CMVconducted driverswith andan trainingappropriate onCMV inspection, and appropriate strategies for carrying out those interdiction activities.
(r), Enforceincluding requirementsinterdiction relatingactivities tothat affect the licensingtransportation of CMVcontrolled drivers,substances including(as checkingdefined thein statussection 102 of commercialthe drivers'Comprehensive licensesDrug Abuse Prevention and Control Act of 1970 (CDL21 U.S.C. 802) and listed in part 1308 of title 21, Code of Federal Regulations) by any occupant of a CMV.
(sr) Establish and dedicate sufficient resources to a program to ensure that accurate, complete, and timely motor carrier safety data are collected and reported, and to ensure the State's participation in a national motor carrier safety data correction system prescribed by FMCSA.
(ts)(1) EnforceProvide that the State will enforce registration (i.e., operating authority) requirements under 49 U.S.C. 13902, 49and CFR part 36531134, 49 CFR part 368, and 49 CFR 392.9a by prohibiting the operation of (i.e., placing out of service) any vehicle discovered to be operating without the required operating authority or beyond the scope of the motor carrier's operating authority.
(2) EnforceEnsure that the State will cooperate in the enforcement of financial responsibility requirements under 49 U.S.C. 13906, 31138, 31139, and 49 CFR part 387.
(ut) AdoptEnsure and maintain consistent, effective, and reasonable sanctions for violations of CMV, driver, and hazardous materials regulations.
(vu) Ensure that MCSAP agencies have policies that stipulate roadside inspections will be conducted at locations that are adequate to protect the safety of drivers and enforcement personnel.
(wv) IncludeProvide that the State will include in the training manual for the licensing examination to drive a CMV and the training manual for the licensing examination to drive a non-CMV information on best practices for driving safely in the vicinity of non-CMVs and CMVs.
(xw) ConductProvide that the State will conduct comprehensive and highly visible traffic enforcement and CMV safety inspection programs in high-risk locations and corridors.
(yx) Except in the case of an imminent or obvious safety hazard, ensure that an inspection of a vehicle transporting passengers for a motor carrier of passengers is conducted at a bus station, terminal, border crossing, maintenance facility, destination, or other location where a motor carrier may make a planned stop (excluding a weigh station).
(zy) Ensure transmittalthat it transmits to roadside inspectors the notice of each Federal exemption theunder State49 receivesU.S.C. from31315(b) FMCSAand pursuant to 49 CFR part390.23 381and subpart390.25 Cprovided to the State by FMCSA, including the name of the person granted the exemption and any terms and conditions that apply to the exemption.
[65(z) FRExcept 15102,for Mar.a 21,territory 2000of the United States, asconduct amendednew entrant safety audits of interstate and, at 67the FRState's 55165discretion, Augintrastate new entrant motor carriers under 49 U.S.C. 28,31144(g). 2002;The 67State FRmust 61820,verify Octthe quality of the work conducted by a third party authorized to conduct new entrant safety audits under 49 U.S.C. 2,31144(g) 2002;on 71its FRbehalf 50866,and Augthe State remains solely responsible for the management and oversight of the activities.
(aa) 28,Agree 2006;to 72fully FRparticipate 36769,in Julyperformance 5,and 2007;registration 75information FRsystems 17240,management Aprunder 49 U.S.C. 5,31106(b) 2010;not 77later FRthan 28449October 1, 284542020, Mayby 14,complying 2012;with 78the FRconditions 60230for participation under paragraph (3) of that section, Octor demonstrate to the FMCSA an alternative approach for identifying and immobilizing a motor carrier with serious safety deficiencies in a manner that provides an equivalent level of safety.
(bb) 1In the case of a State that shares a land border with another country, 2013;conduct 80a border CMV safety program focusing on international commerce that includes enforcement and related projects or forfeit all funds based on border-related activities.
(cc) Comply with the requirements of the innovative technology deployment program in 49 U.S.C. 31102(l)(3) if the State funds operation and maintenance costs associated with innovative technology deployment with its MCSAP funding.
[81 FR 5907171011, Oct. 114, 20152016]