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Current textSource: eCFR

§ 350.213 MCSAP administration: Requirements for the second and third years of the CVSP.

Current wording, effective November 18, 2024.

eCFR (current) ↗
What changedOct. 1, 2012 wording → Nov. 18, 2024 wording (current)+297 added−663 removedHide

The State's CVSP must reflect a performance-based program, and contain the following eighteen items:
(a) AGeneral. generalFor overview section that must include the followingsecond twoand items:
(1)
third Ayears statement of the StateCVSP, agencya goalLead orState mission.
(2)
Agency Amust programsubmit summaryan ofannual theupdate effectivenessthat ofcomplies with the priorMCSAP years'application activitiesannouncement in reducing CMV accidentsand, injuriesat anda fatalitiesminimum, and improving driver and motor carrier safety performance. Data periods used must beinclude consistentprogram fromgoals, yearcertifications, toand year.other Thisinformation mayrevised besince calendarthe yearprior or fiscal year or any 12-month period of time for which the State's datasubmission, is current. The summary must show trends supported by safety and programthe performanceitems datalisted collected over several years. It must identify safety or performance problems in theparagraphs State(b) andto those(g) problemsof mustthis be addressed in the new or modified CVSPsection.
(b) ABudget. briefFor narrativethe describingsecond howand thethird Stateyears programof addresses the nationalCVSP, programthe elementsLead listedState inAgency § 350.109. The plan must addressinclude thesea elementsbudget eventhat ifsupports therethe areapplicable nofiscal plannedyear activitiesof inthe aCVSP programand area.describes Thethe rationaleexpenditures for theallocable resourcecosts, allocationsuch decisionas mustpersonnel beand explained.related Thecosts, narrativeequipment sectionpurchases, mustprinting, includeinformation asystems descriptioncosts, ofand howother theeligible Statecosts supportsconsistent thewith activities identified in §  350.201(q) and (t)229.
(1c) ActivitiesResource aimedallocation. atFor removing impaired CMV drivers from the highwayssecond throughand adequatethird enforcementyears of restrictionsthe onCVSP, the useLead ofState alcoholAgency andmust controlledexplain substancesthe andrationale byfor ensuringthe readyState's roadsideresource accessallocation to alcohol detection and measuring equipmentdecisions.
(2d) ActivitiesList aimed at providing an appropriate level of training to MCSAP personnel to recognize drivers impaired by alcohol or controlled substancescontacts.
(3)
InterdictionFor activities affecting the transportationsecond ofand controlledthird substancesyears byof CMVthe driversCVSP, andthe trainingLead onState appropriateAgency strategiesmust forinclude carryinga outlist thoseof interdictionMCSAP activitiescontacts.
(4e) Activities to enforce registration requirements under 49 UCertification.S.C. 13902 and 49 CFR part 365 and financial responsibility requirements under 49 U.S.C. 13906, 31138 and 31139 and 49 CFR part 387.
(c1) AFor definitivethe problemsecond statementand forthird eachyears objective, supported by data or other information. The CVSP must identify the source of the dataCVSP, andthe whoLead isState responsibleAgency formust itscertify collection,that maintenance,it and analysis.has:
(di) PerformanceMet objectives,all stated in quantifiable terms, to be achieved through the StateMCSAP plan.conditions Objectives must include a measurable reduction in highway§ accidents or hazardous materials incidents involving CMVs350.207; The objective may also include documented improvements in other program areas (e.g., legislative or regulatory authority, enforcement results, or resource allocations).and
(eii) StrategiesCompleted tothe beannual employedreview torequired achieveby performance§ objectives350.303 Strategiesand maydetermined includethat educationState laws, enforcementregulations, legislationstandards, use of technology and improvementsorders toon CMV safety infrastructure.
(f)
are Specificcompatible activities intended to achieve the stated strategies and objectives. Planned activities must be eligible under this program (as defined in §§  350.309105 andof 350this part).311.
(g2) SpecificIf quantifiablea performanceState measureslaw, asregulation, appropriate.standard, Theseor performanceorder measureson willCMV besafety usedis tono assistlonger thecompatible, State in monitoring the progresscertifying ofofficial itsmust programexplain and preparing an annual evaluation.
(h) A description of
the State's method for ongoing monitoring of the progress of its plan. Thisto shouldaddress include who will conduct the monitoring, the frequency with which it will be carried out, and how and to whom reports will be madediscrepancy.
(i3) AnA objectivecertification evaluation that discusses the progress towards individual objectives listed under thethis “Performanceparagraph Objectives”must sectionreflect ofthat the previouscertifying year'sofficial CVSPhas andauthority identifiesto any safety or performance problems discovered. States will identify those problems as new objectives or make modifications to the existingcertification objectiveson inbehalf of the next CVSPState.
(jf) ANew budgetor whichamended supportslaws. theFor CVSP, describing the expendituressecond for allocable costs such as personnel and relatedthird costs,years equipment purchases, printing, information systems costs, and other eligible costs consistent with §§ 350.311 and 350.309.
(k) A budget summary form including planned expenditures for that fiscal year and projected number
of activitiesthe in each national program elementCVSP, except data collection.
(l) The results of
the annualLead review to determine the compatibility of State lawsAgency andmust regulationssubmit withto theFMCSA FMCSRsa and HMRs.
(m) A
copy of any new or amended law, regulation, standard, or regulationorder affectingon CMV safety enforcement that was enacted by the State enacted since the lastprior CVSPyear's was submittedsubmission.
(ng) ExecutedFurther State Certification as outlined in § 350submissions.211.
(o)
ListFor ofthe MCSAPsecond contacts.
(p)
and Annualthird Certificationyears of Compatibilitythe CVSP, § 350.331.
(q)
the Lead State TrainingAgency Plan.
[65
must FRsubmit 15102,other Mar.information 21required, 2000, as amendeddescribed atin 67the FRMCSAP 61820,application Oct.announcement 2,for 2002;that 67fiscal FR 63019, Octyear. 9, 2002; 77 FR 59823, Oct. 1, 2012]

(a) General. For the second and third years of the CVSP, a Lead State Agency must submit an annual update that complies with the MCSAP application announcement and, at a minimum, must include program goals, certifications, and other information revised since the prior year's submission, and the items listed in paragraphs (b) to (g) of this section.

(b) Budget. For the second and third years of the CVSP, the Lead State Agency must include a budget that supports the applicable fiscal year of the CVSP and describes the expenditures for allocable costs, such as personnel and related costs, equipment purchases, printing, information systems costs, and other eligible costs consistent with § 350.229.

(c) Resource allocation. For the second and third years of the CVSP, the Lead State Agency must explain the rationale for the State's resource allocation decisions.

(d) List of MCSAP contacts. For the second and third years of the CVSP, the Lead State Agency must include a list of MCSAP contacts.

(e) Certification. (1) For the second and third years of the CVSP, the Lead State Agency must certify that it has:

(i) Met all the MCSAP conditions in § 350.207; and

(ii) Completed the annual review required by § 350.303 and determined that State laws, regulations, standards, and orders on CMV safety are compatible (as defined in § 350.105 of this part).

(2) If a State law, regulation, standard, or order on CMV safety is no longer compatible, the certifying official must explain the State's plan to address the discrepancy.

(3) A certification under this paragraph must reflect that the certifying official has authority to make the certification on behalf of the State.

(f) New or amended laws. For the second and third years of the CVSP, the Lead State Agency must submit to FMCSA a copy of any new or amended law, regulation, standard, or order on CMV safety that the State enacted since the prior year's submission.

(g) Further submissions. For the second and third years of the CVSP, the Lead State Agency must submit other information required, as described in the MCSAP application announcement for that fiscal year.

Amendment history

7 distinct wordings on file since Oct. 1, 2000
  1. [65 FR 15102, Mar. 21, 2000, as amended at 67 FR 61820, Oct. 2, 2002; 67 FR 63019, Oct. 9, 2002; 77 FR 59823, Oct. 1, 2012; 81 FR 71014, Oct. 14, 2016; 84 FR 51432, Sept. 30, 2019]
  2. [65 FR 15102, Mar. 21, 2000, as amended at 67 FR 61820, Oct. 2, 2002; 67 FR 63019, Oct. 9, 2002; 77 FR 59823, Oct. 1, 2012; 81 FR 71014, Oct. 14, 2016]
  3. [65 FR 15102, Mar. 21, 2000, as amended at 67 FR 61820, Oct. 2, 2002; 67 FR 63019, Oct. 9, 2002; 77 FR 59823, Oct. 1, 2012]
  4. [65 FR 15102, Mar. 21, 2000, as amended at 67 FR 61820, Oct. 2, 2002; 67 FR 63019, Oct. 9, 2002]
  5. Oct. 1, 2000 → Oct. 1, 2003annual editions 2000–2002

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.