All of the States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and the Virgin Islands are eligible to receive MCSAP grants directly from the FMCSA. For purposes of this subpart, all references to "State" or "States" include these jurisdictions; note the exception for Incentive funds shown below.
Each State must meet the following conditions:
(1). Assume responsibility for improving motor carrier safety and adopting and enforcing State safety laws and regulations that are compatible with the FMCSRs (49 CFR parts 390 — 397) and the HMRs (49 CFR parts 107 (subparts F and G only), 171 — 173, 177, 178 and 180), except as may be determined by the Administrator to be inapplicable to a State enforcement program.
(2). Implement performance-based activities, including deployment of technology to enhance the efficiency and effectiveness of CMV safety programs.
(3). Designate, in its State Certification, the lead State agency responsible for implementing the CVSP.
(4). Ensure that only agencies having the legal authority, resources, and qualified personnel necessary to enforce the FMCSRs and HMRs or compatible State laws or regulations are assigned to perform functions in accordance with the approved CVSP.
(5). Allocate adequate funds for the administration of the CVSP including the enforcement of the FMCSRs, HMRs, or compatible State laws or regulations.
(6). Maintain the aggregate expenditure of funds by the State and its political subdivisions, exclusive of Federal funds, for CMV safety programs eligible for funding under this part, at a level at least equal to 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.
(7). Provide legal authority for a right of entry and inspection adequate to carry out the CVSP.
(8). Prepare and submit to the FMCSA, upon request, all reports required in connection with the CVSP or other conditions of the grant.
(9). Adopt and use the reporting standards and forms required by the FMCSA to record work activities performed under the CVSP.
(10). Require registrants of CMVs to declare, at the time of registration, their knowledge of applicable FMCSRs, HMRs, or compatible State laws or regulations.
(11). 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.
(12). 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.
(13). Coordinate the CVSP, data collection and information systems, with State highway safety programs under title 23 United States Code (U.S.C.).
(14). Ensure participation in SAFETYNET and other information systems by all appropriate jurisdictions receiving funding under this section.
(15). Ensure information is exchanged with other States in a timely manner.
(16). Emphasize and improve enforcement of State and local traffic laws and regulations related to CMV safety.
(17). Promote activities in support of the national program elements listed in §350.109, including the following three activities:
(18). Enforce requirements relating to the licensing of CMV drivers, including checking the status of commercial drivers' licenses (CDL).
(a). Activities aimed at removing impaired CMV drivers from the highways through adequate enforcement of restrictions on the use of alcohol and controlled substances and by ensuring ready roadside access to alcohol detection and measuring equipment.
(b). Activities aimed at providing an appropriate level of training to MCSAP personnel to recognize drivers impaired by alcohol or controlled substances.
(c). Interdiction activities affecting the transportation of controlled substances by CMV drivers and training on appropriate strategies for carrying out those interdiction activities.
(19). Establish a program to ensure that accurate, complete, and timely motor carrier safety data are collected and reported, and ensure the State's participation in a national motor carrier safety data correction system prescribed by FMCSA.
(20). Enforce registration (i.e., operating authority) requirements under 49 U.S.C. 13902, 49 CFR part 365, 49 CFR part 368, and 49 CFR 392.9a, by prohibiting the operation of (i.e., placing out of service) any vehicle discovered to be operating without the required operating authority or beyond the scope of the motor carrier's operating authority.
(21). Adopt and maintain consistent, effective, and reasonable sanctions for violations of CMV, driver, and hazardous materials regulations.
(a). Enforce financial responsibility requirements under 49 U.S.C. 13906, 31138, 31139, and 49 CFR part 387.
(22). 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.
(23). Include in the training manual for the licensing examination to drive a CMV and the 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.
(24). Conduct comprehensive and highly visible traffic enforcement and CMV safety inspection programs in high-risk locations and corridors.
(25). 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 station, terminal, border maintenance facility, destination, or other location where a motor carrier may make a planned stop.
[65 FR 15103, Mar. 21, 2000; 67 FR 55165, Aug. 28, 2002; 71 FR 50866, Aug. 28, 2006; 72 FR 36769, July 5, 2007]
A State may qualify for Incentive funds if it can demonstrate that its CMV safety program has shown improvement in any or all of the following five categories:
- Reduction of large truck-involved fatal accidents.
- Reduction of large truck-involved fatal accident rate or maintenance of a large truck-involved fatal accident rate that is among the lowest 10 percent of such rates of MCSAP recipients.
- Upload of CMV accident reports in accordance with current FMCSA policy guidelines.
- Verification of CDLs during all roadside inspections.
- Upload of CMV inspection data in accordance with current FMCSA
The Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and the Virgin Islands do not receive Incentive grants.