§ 350.201 MCSAP administration: Goal and purpose.

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 performance-basedgoal activities, including deployment of technologyMCSAP is to enhancereduce the efficiency and effectiveness of CMV-involved safety programs.
(c) Designatecrashes, in its State Certificationfatalities, theand leadinjuries Statethrough agency responsible for implementing the CVSP.
(d) Ensure that only agencies having the legal authorityconsistent, 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, ofcarrier the FMCSRsinvestigations, HMRs,new orentrant compatiblesafety State laws or regulations.
(f) Maintain the aggregate expenditure of funds by the State and its political subdivisionsaudits, exclusiveborder of Federal fundsenforcement, for CMV safety programsdata eligible for funding under this partimprovements, atand aPerformance leveland atRegistration leastInformation equalSystems toManagement the average level of expenditure for the 3 full fiscal years beginning after October 1 of the year 5 years prior to the beginning of each Government fiscal year(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 activities performed under the CVSP.
(j) Require registrants of CMVs to declare,improve atmotor the time of registrationcarrier, their knowledge of applicable FMCSRs, HMRs, or compatible State laws or regulations.
(k) Grant maximum reciprocity for inspections conducted under the North American Standard Inspection through the use of a nationally accepted system that allows ready identification of previously inspected CMVs.
(l) Conduct CMV size and weight enforcement activities funded under this program only to the extent those activities do not diminish the effectiveness of other CMV safety enforcement programs.
(m) Coordinate the CVSP, data collection and informationdriver systems, with State highway safety programsto undersupport titlea 23safe United States Code (U.S.C.).
(n) Ensure participation in SAFETYNET and otherefficient informationtransportation systemssystem by all appropriate jurisdictions receiving funding under this section.—
(o1) EnsureMaking informationtargeted isinvestments exchangedto withpromote othersafe StatesCMV intransportation, aincluding timelytransportation manner.
(p) Emphasize and improve enforcement of Statepassengers and localhazardous traffic laws and regulations related to CMV safety.materials;
(q2) PromoteInvesting activities in supportactivities oflikely theto nationalgenerate programmaximum elementsreductions listed in § 350.109, including the followingnumber threeand activities:
(1)severity Activitiesof aimed at removing impaired CMV driverscrashes from the highways through adequate enforcement of restrictions on the use of alcohol and controlledin substancesfatalities andresulting byfrom ensuringCMV ready roadside access to alcohol detection and measuring equipment.crashes;
(2) Activities aimed at providing an appropriate level of training to MCSAP personnel to recognize drivers impaired by alcohol or controlled substances.
(3) InterdictionAdopting activitiesand affectingenforcing theeffective transportation of controlled substances by CMV drivers and trainingcompatible on(as appropriatedefined strategiesin for§ carrying out those interdiction activities350.
(r)105 Enforce requirements relating to the licensing of CMVthis drivers, including checking the status of commercial drivers' licenses (CDLpart).
(s) Establish a program to ensure that accurate, complete, and timely motor carrier, safety data are collected and reportedCMV, and ensuredriver the State's participation in a national motor carrier safety data correction system prescribed by FMCSA.
(t)(1) Enforce registration (i.e.laws, operating authority) requirements under 49 U.S.C. 13902regulations, 49 CFR part 365standards, 49 CFR part 368, and 49orders; CFR 392.9a by prohibiting the operation of and
(i.e., placing out of service4) anyAssessing vehicleand discoveredimproving toState-wide beperformance operating without the required operating authority or beyond the scope of the motor carrier's operating authority.
(2) Enforce financial responsibility requirements under 49 U.S.C. 13906, 31138CMV, 31139, and 49driver CFRsafety partby 387.
(u)setting Adoptprogram andgoals maintain consistent, effective, and reasonablemeeting sanctionsperformance for violations of CMVstandards, drivermeasurements, and hazardous materials regulationsbenchmarks.
(vc) EnsureState thatparticipation. MCSAP agenciessets haveconditions policies that stipulate roadside inspections will be conducted at locations that are adequate to protect the safety of driversparticipation and enforcement personnel.
(w) Include in the training manual for theStates licensing examination to drive a CMV and thepromotes training manual for the licensingadoption examination to drive a non-CMV information on best practices for driving safely in the vicinity of non-CMVs and CMVs.
(x)uniform Conduct comprehensive and highly visible traffic enforcement and CMV safety inspection programs in high-risk locations and corridors.
(y) Except in the case of ancompatible imminent or obvious safety hazardlaws, ensure that an inspection of a vehicle transporting passengers for a motor carrier of passengers is conducted at a stationregulations, terminalstandards, borderand maintenanceorders facility,on destination,CMV or other location where a motor carrier may make a planned stopsafety.
[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]