§FMCSR.com
Current textSource: eCFR

§ 350.201 MCSAP administration: Goal and purpose.

Current wording, effective November 18, 2024.

eCFR (current) ↗
What changedOct. 1, 2000 wording → Nov. 18, 2024 wording (current)+215 added−610 removedHide

Each State must meet the following twenty-two conditions:
(a) AssumeGeneral. responsibilityMCSAP foris improvinga motorFederal carrierformula safetygrant andprogram adoptingthat andprovides enforcingfinancial Stateassistance safetyto lawsStates andto regulationsreduce that are compatible with the FMCSRsnumber (49and CFRseverity partsof 390-397)crashes, and theresulting HMRsinjuries (49 CFR parts 107 (subparts F and G only)fatalities, 171-173,involving 177,CMVs 178 and 180),to exceptpromote as may be determined by the Administratorsafe totransportation beof inapplicablepassengers toand ahazardous State enforcement programmaterials.
(b)
ImplementThe agoal performance-based program by the beginning of FiscalMCSAP Yearis 2000to andreduce submitCMV-involved a CVSP which will serve as the basis for monitoring and evaluating the State's performance.
(c) Designate
crashes, in its State Certificationfatalities, theand leadinjuries Statethrough agency responsible for implementing the CVSP.
(d) Ensure that only agencies having the legal authority
consistent, resourcesuniform, and qualifiedeffective personnelCMV necessarysafety toprograms enforcethat theinclude FMCSRsdriver and HMRs or compatiblevehicle Stateinspections, lawstraffic or regulations are assigned to perform functions in accordance with the approved CVSP.
(e) Allocate adequate funds for the administration of the CVSP including the
enforcement of the FMCSRs, HMRs,carrier or compatible State laws or regulations.
(f) Maintain the aggregate expenditure of funds by the State and its political subdivisions
investigations, exclusivenew ofentrant Federalsafety fundsaudits, forborder motor carrier and highway hazardous materials safety enforcement, eligiblesafety fordata funding under this partimprovements, atand aPerformance leveland atRegistration leastInformation equalSystems toManagement the average expenditure for Federal or State fiscal years 1997, 1998, and 1999(PRISM).
(gb) ProvideMCSAP legalpurpose. authorityThe forpurpose a right of entryMCSAP andis inspection adequate to carryensure outFMCSA the CVSP.
(h) Prepare
and submitStates, tolocal thegovernment FMCSAagencies, upon request, all reports required in connection with the CVSP or other conditionspolitical ofjurisdictions, theFederally-recognized grant.
(i)
Indian AdoptTribes, and useother theorganizations reporting standards and formspersons requiredwork byin thepartnership FMCSA to recordestablish workprograms activitiesto performedimprove undermotor the CVSP.
(j) Require registrants of CMVs to declare
carrier, at the time of registrationCMV, theirand knowledgedriver ofsafety applicableto FMCSRs,support HMRs,a orsafe compatibleand Stateefficient lawstransportation orsystem regulations.by—
(k1) GrantMaking maximumtargeted reciprocityinvestments forto inspectionspromote conductedsafe underCMV thetransportation, Northincluding Americantransportation Standard Inspection through the use of apassengers nationallyand acceptedhazardous system that allows ready identification of previously inspected CMVs.materials;
(l2) ConductInvesting CMVin size and weight enforcement activities fundedlikely underto thisgenerate programmaximum onlyreductions toin the extentnumber thoseand activitiesseverity do not diminish the effectiveness of other CMV safetycrashes enforcement programs.
(m) Coordinate the CVSP, data collection
and information systems, with State highway safety programs under title United States Code (U.S.C.).
(n) Ensure participation
in SAFETYNETfatalities andresulting otherfrom informationCMV systems by all appropriate jurisdictions receiving funding under this section.crashes;
(o3) EnsureAdopting information is exchanged with other States in a timely manner.
(p) Emphasize
and improveenforcing enforcementeffective of State and localcompatible traffic laws and regulations related to CMV safety.
(q)as Promotedefined activities in support of the national program elements listed in § 350.109,105 includingof thethis following three activities:
(1
part) Activitiesmotor aimedcarrier, at removing impaired CMV, drivers from the highways through adequate enforcement of restrictions on the use of alcohol and controlleddriver substancessafety andlaws, byregulations, ensuringstandards, ready roadside access to alcohol detection and measuringorders; equipment.and
(24) ActivitiesAssessing aimedand atimproving providingState-wide anperformance appropriate level of trainingmotor tocarrier, MCSAPCMV, personneland todriver recognizesafety drivers impaired by alcoholsetting orprogram controlledgoals substances.
(3)
and Interdictionmeeting activitiesperformance affectingstandards, themeasurements, transportation of controlled substances by CMV drivers and training on appropriate strategies for carrying out those interdiction activitiesbenchmarks.
(rc) EnforceState requirementsparticipation. relatingMCSAP tosets theconditions licensing of CMVparticipation drivers,for includingStates checkingand thepromotes status of commercial drivers' licenses (CDL).
(s) Require
the properadoption and timelyuniform correctionenforcement of allcompatible CMV safety violations noted during inspections carried out with MCSAP funds.
(t) Enforce registration requirements under 49 U.S.C. section 13902 and 49 CFR part 356 and financial responsibility requirements under 49 U.S.C. sections 13906
laws, 31138 and 31139 and 49 CFR part 387.
(u) Adopt and maintain consistent
regulations, effectivestandards, and reasonableorders sanctionson for violations of CMV, driver, and hazardous materials regulations.
(v) 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.

(a) General. MCSAP is a Federal formula grant program that provides financial assistance to States to reduce the number and severity of crashes, and resulting injuries and fatalities, involving CMVs and to promote the safe transportation of passengers and hazardous materials. The goal of MCSAP is to reduce CMV-involved crashes, fatalities, and injuries through consistent, uniform, and effective CMV safety programs that include driver or vehicle inspections, traffic enforcement, carrier investigations, new entrant safety audits, border enforcement, safety data improvements, and Performance and Registration Information Systems Management (PRISM).

(b) MCSAP purpose. The purpose of MCSAP is to ensure FMCSA and States, local government agencies, other political jurisdictions, Federally-recognized Indian Tribes, and other organizations and persons work in partnership to establish programs to improve motor carrier, CMV, and driver safety to support a safe and efficient transportation system by—

(1) Making targeted investments to promote safe CMV transportation, including transportation of passengers and hazardous materials;

(2) Investing in activities likely to generate maximum reductions in the number and severity of CMV crashes and in fatalities resulting from CMV crashes;

(3) Adopting and enforcing effective and compatible (as defined in § 350.105 of this part) motor carrier, CMV, and driver safety laws, regulations, standards, and orders; and

(4) Assessing and improving State-wide performance of motor carrier, CMV, and driver safety by setting program goals and meeting performance standards, measurements, and benchmarks.

(c) State participation. MCSAP sets conditions of participation for States and promotes the adoption and uniform enforcement of compatible laws, regulations, standards, and orders on CMV safety.

Amendment history

12 distinct wordings on file since Oct. 1, 2000
  1. [81 FR 71011, Oct. 14, 2016]
  2. [65 FR 15102, Mar. 21, 2000, as amended at 67 FR 55165, Aug. 28, 2002; 67 FR 61820, Oct. 2, 2002; 71 FR 50866, Aug. 28, 2006; 72 FR 36769, July 5, 2007; 75 FR 17240, Apr. 5, 2010; 77 FR 28449, 28454, May 14, 2012; 78 FR 60230, Oct. 1, 2013; 80 FR 59071, Oct. 1, 2015]
  3. [65 FR 15102, Mar. 21, 2000, as amended at 67 FR 55165, Aug. 28, 2002; 67 FR 61820, Oct. 2, 2002; 71 FR 50866, Aug. 28, 2006; 72 FR 36769, July 5, 2007; 75 FR 17240, Apr. 5, 2010; 77 FR 28449, 28454, May 14, 2012; 78 FR 60230, Oct. 1, 2013]
  4. [65 FR 15102, Mar. 21, 2000, as amended at 67 FR 55165, Aug. 28, 2002; 67 FR 61820, Oct. 2, 2002; 71 FR 50866, Aug. 28, 2006; 72 FR 36769, July 5, 2007; 75 FR 17240, Apr. 5, 2010; 77 FR 28449, 28454, May 14, 2012]
  5. [65 FR 15102, Mar. 21, 2000, as amended at 67 FR 55165, Aug. 28, 2002; 67 FR 61820, Oct. 2, 2002; 71 FR 50866, Aug. 28, 2006; 72 FR 36769, July 5, 2007; 75 FR 17240, Apr. 5, 2010]
  6. [65 FR 15102, Mar. 21, 2000, as amended at 67 FR 55165, Aug. 28, 2002; 67 FR 61820, Oct. 2, 2002; 71 FR 50866, Aug. 28, 2006; 72 FR 36769, July 5, 2007]
  7. [65 FR 15102, Mar. 21, 2000, as amended at 67 FR 55165, Aug. 28, 2002; 67 FR 61820, Oct. 2, 2002; 71 FR 50866, Aug. 28, 2006]
  8. [65 FR 15102, Mar. 21, 2000, as amended at 67 FR 55165, Aug. 28, 2002; 67 FR 61820, Oct. 2, 2002]
  9. [65 FR 15102, Mar. 21, 2000, as amended at 67 FR 55165, Aug. 28, 2002]
  10. Oct. 1, 2000 → Oct. 1, 2002annual editions 2000–2001

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section. Set a case date in the header to read any earlier wording.