§ 350.201 MCSAP administration: Goal and purpose.

Each State must meet the following 25 conditions:
(a) AssumeGeneral. responsibilityMCSAP foris improvinga motorFederal carrierformula safetygrant andprogram adopting and enforcing State safety laws and regulations that areprovides compatiblefinancial withassistance theto FMCSRsStates (49to CFRreduce parts 390-397) and the HMRsnumber (49 CFR parts 107 (subparts F and Gseverity only),of 171-173crashes, 177, 178 and 180),resulting exceptinjuries asand may be determined by the Administrator to be inapplicable to a State enforcement program.
(b) Implement performance-based activitiesfatalities, includinginvolving deploymentCMVs ofand technology to enhancepromote the efficiencysafe andtransportation effectiveness of CMVpassengers safety programs.
(c) Designate, in its State Certification, the lead State agency responsible for implementing the CVSP.
(d) Ensure that only agencies having the legal authority, resources, and qualifiedhazardous personnel necessary to enforce the FMCSRs and HMRs or compatible State laws or regulations are assigned to perform functions in accordance with the approved CVSPmaterials.
(e) AllocateThe adequategoal funds for the administration of theMCSAP CVSPis includingto thereduce enforcementCMV-involved of the FMCSRscrashes, HMRsfatalities, orand compatibleinjuries Statethrough lawsconsistent, or regulations.
(f) Maintain the aggregate expenditure of funds by the State lead agency responsible for implementing the CVSPuniform, exclusive of Federal funds and Stateeffective matching amounts, for CMV safety programs eligiblethat forinclude fundingdriver underor thisvehicle partinspections, attraffic aenforcement, levelcarrier at least equal to the average level of that expenditure for fiscal years 2004 and 2005. Upon the request of a Stateinvestigations, thenew Secretaryentrant maysafety allow the State to exclude State expenditures for Government-sponsored demonstration or pilot projects. Upon the request of a Stateaudits, theborder Secretary may waive or modify the requirements of this subsection for one fiscal yearenforcement, ifsafety thedata Secretary determines that a waiver is equitable due to exceptional or uncontrollable circumstancesimprovements, suchand asPerformance aand naturalRegistration disasterInformation orSystems aManagement serious decline in the financial resources of the MCSAP agency(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 appropriate FMCSA systems 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 and dedicate sufficient resources to 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, border maintenance facility, destination, or other location where a motor carrier may make a planned stop.
(z) Ensure transmittal to roadside inspectors the notice of each Federal exemption the State receives from FMCSA pursuant to 49 CFR part 381 subpart C, including the name of the person granted the exemption and anyorders termson andCMV conditions that apply to the exemptionsafety.
[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]