§ 350.201 MCSAP administration: Goal and purpose.

To qualify for MCSAP Funds, each State must:
(a) AssumeGeneral. responsibilityMCSAP foris improvinga motorFederal carrierformula safetygrant byprogram adopting and enforcing State safety laws and regulations, standards, and orders that areprovides compatiblefinancial withassistance Federalto regulations,States theto FMCSRsreduce (49 CFR parts 390-397) and the HMRsnumber (49 CFR parts 107 (subparts F and Gseverity only),of 171-173crashes, 177,and 178resulting injuries and 180)fatalities, andinvolving standards,CMVs and ordersto ofpromote the Federalsafe Government,transportation exceptof aspassengers mayand behazardous determinedmaterials. byThe thegoal Administratorof toMCSAP beis inapplicable to areduce State enforcement program.
(b) Implement performanceCMV-basedinvolved activitiescrashes, includingfatalities, deployment and maintenanceinjuries ofthrough technologyconsistent, touniform, enhance the efficiency and effectivenesseffective of CMV safety programs.
(c) Designate a Lead State Agency responsible for administering the CVSP throughout the State.
(d) Give satisfactory assurances that theinclude Leaddriver State Agency has or willvehicle haveinspections, thetraffic legal authorityenforcement, resourcescarrier investigations, andnew qualifiedentrant personnelsafety necessary to enforce the FMCSRs and HMRs or compatible State laws or regulationsaudits, standardsborder and orders in the CVSP.
(e) Give satisfactory assurances that the State will devote adequate resources to the administration of the CVSP including the enforcement of the FMCSRs, HMRs,safety ordata compatible State lawsimprovements, regulations,and standards,Performance and ordersRegistration throughoutInformation theSystems State.
Management (fPRISM) Provide that the total expenditure of amounts of the Lead State Agency responsible for administering the Plan will be maintained at a level of effort each fiscal year in accordance with 49 CFR 350.301.
(gb) ProvideMCSAP apurpose. rightThe purpose of entryMCSAP (or other method a State may use that is adequate to obtainensure necessary information) and inspection to carry out the CVSP.
(h) Provide that all reports required in the CVSP under this section be available to FMCSA upon request.
(i) Provide that the Lead State Agency adopt the reporting standards and useStates, thelocal formsgovernment for recordkeepingagencies, inspections,other andpolitical investigations that FMCSA prescribes.
(j) Require all registrants of CMVs to demonstrate their knowledge of applicable FMCSRsjurisdictions, HMRs,Federally-recognized orIndian compatible State laws or regulationsTribes, standards, and orders.
(k)other Grantorganizations maximumand reciprocitypersons forwork inspections conducted under the North American Inspection Standards through the use of a nationally accepted system that allows ready identification of previously inspected CMVs.
(l) Ensure that activities described in 49partnership CFRto 350.309,establish if financed through MCSAP funds, will not diminish the effectiveness of the development and implementation of the programs to improve motor carrier, CMV, and driver safety.
(m) Ensureto thatsupport thea Leadsafe State Agency will coordinate the CVSP, data collection and informationefficient systems,transportation withsystem the State highway safety improvement program under 23 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.—
(o1) EnsureMaking informationtargeted isinvestments exchangedto withpromote othersafe States in a timely manner.
(p) Provide 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) Provide satisfactory assurances that the State will address activities in support of the national program elements listed in § 350.109transportation, including thetransportation following three activities:
(1) Activities aimed at removing impaired CMV drivers from the highways through adequate enforcement of regulationspassengers on the use of alcohol and controlledhazardous substances and by ensuring ready roadside access to alcohol detection and measuring equipment.materials;
(2) ActivitiesInvesting aimedin atactivities providinglikely training to MCSAPgenerate personnelmaximum toreductions recognize drivers impaired by alcohol or controlled substances.
(3) Activities related to criminal interdiction, including human trafficking, when conducted with an appropriate CMV inspection, and appropriate strategies for carrying out those interdiction activities, including interdiction activities that affect the transportation of controlled substances (as defined in section 102 of the Comprehensivenumber Drug Abuse Prevention and Controlseverity Act of 1970CMV (21crashes U.S.C. 802) and listed in partfatalities 1308resulting offrom title 21, Code of Federal Regulations) by any occupant of a CMV. crashes;
(r3) EstablishAdopting and dedicateenforcing sufficienteffective resources to a program to ensure that accurate, complete, and timelycompatible motor(as carrierdefined safety data are collected and reported, and to ensure the State's participation in a§ national motor carrier safety data correction system prescribed by FMCSA350.
(s)(1)105 Provide that the State will enforce registration (i.e., operating authority) requirements under 49 U.S.C. 13902 and 31134, and 49 CFR 392.9a by prohibiting the operation of (i.e.,this placing out of servicepart) any vehicle discovered to be operating without the required operating authority or beyond the scope of the motor carrier's operating authority.
(2) Ensure that the State will cooperate in the enforcement of financial responsibility requirements under 49 U.S.C. 13906, 31138CMV, 31139, and 49driver CFRsafety partlaws, 387.
(t) Ensure consistentregulations, effectivestandards, and reasonableorders; sanctions.
(u) Ensure that roadside inspections will be conducted at locations that are adequate to protect the safety of drivers and enforcement personnel.
(v4) ProvideAssessing that the State will include in the training manual for the licensing examination to drive a CMV and theimproving 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.
(w) Provide that the State will conduct comprehensive and highly visible traffic enforcement and CMV safety inspection programs in high-riskwide locationsperformance and corridors.
(x) 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, terminalCMV, borderand crossing,driver maintenancesafety facility,by destination,setting orprogram othergoals location where a motor carrier may make a planned stop (excluding a weigh station).
(y) Ensure that it transmits to roadside inspectors the notice of each Federal exemption under 49 U.S.C. 31315(b) and 49meeting CFRperformance 390.23standards, and 390.25 provided to the State by FMCSAmeasurements, including the name of the person granted the exemption and any terms and conditions that apply to the exemptionbenchmarks.
(zc) Except for a territory of the United States, conduct new entrant safety audits of interstate and, at the State's discretion, intrastate new entrant motor carriers under 49 Uparticipation.S.C. 31144(g).MCSAP Thesets Stateconditions must verify the quality of theparticipation work conducted by a third party authorized to conduct new entrant safety audits under 49 U.S.C. 31144(g) on its behalf and the State remains solely responsible for theStates management and oversightpromotes of the activities.
(aa)adoption Agree to fully participate in performance and registrationuniform informationenforcement systemsof managementcompatible under 49 U.S.C. 31106(b) not later than October 1laws, 2020regulations, by complying with the conditions for participation under paragraph (3) of that sectionstandards, or demonstrate to the FMCSA an alternative approach for identifying and immobilizingorders aon motor carrier with serious safety deficiencies in a manner that provides an equivalent level of safety.
(bb) In the case of a State that shares a land border with another country, conduct a 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 71011, Oct. 14, 2016]