1、19 SUBCHAPTER BFEDERAL MOTOR CARRIER SAFETY REGULATIONS PART 350COMMERCIAL MOTOR CARRIER SAFETY ASSISTANCE PROGRAM Subpart AGeneral Sec. 350.101 What is the Motor Carrier Safety As-sistance Program (MCSAP)? 350.103 What is the purpose of this part? 350.105 What definitions are used in this part? 350
2、.107 What jurisdictions are eligible for MCSAP funding? 350.109 What are the national program ele-ments? 350.111 What constitutes traffic enforce-ment for the purpose of the MCSAP? Subpart BRequirements for Participation 350.201 What conditions must a State meet to qualify for Basic Program Funds? 3
3、50.203 Reserved 350.205 How and when does a State apply for MCSAP funding? 350.207 What response does a State receive to its CVSP submission? 350.209 How does a State demonstrate that it satisfies the conditions for Basic Pro-gram funding? 350.211 What is the format of the certifi-cation required by
4、 350.209? 350.213 What must a State CVSP include? 350.215 What are the consequences for a State that fails to perform according to an approved CVSP or otherwise fails to meet the conditions of this part? Subpart CFunding 350.301 What level of effort must a State maintain to qualify for MCSAP funding
5、? 350.303 What are the State and Federal shares of expenses incurred under an ap-proved CVSP? 350.305 Are U.S. Territories subject to the matching funds requirement? 350.307 How long are MCSAP funds available to a State? 350.309 What activities are eligible for reim-bursement under the MCSAP? 350.31
6、1 What specific items are eligible for reimbursement under the MCSAP? 350.313 How are MCSAP funds allocated? 350.315 How may Basic Program Funds be used? 350.317 What are Incentive Funds and how may they be used? 350.319 What are permissible uses of High Priority Activity Funds? 350.321 How may a St
7、ate or local agency qualify for High Priority or New Entrant Funds? 350.323 What criteria are used in the Basic Program Funds allocation? 350.325 Reserved 350.327 How may States qualify for Incen-tive Funds? 350.329 How may a State or local agency qualify for High Priority or Border Ac-tivity Funds?
8、 350.331 How does a State ensure its laws and regulations are compatible with the FMCSRs and HMRs? 350.333 What are the guidelines for the com-patibility review? 350.335 What are the consequences if my State has laws or regulations incompat-ible with the Federal regulations? 350.337 How may State la
9、ws and regulations governing motor carriers, CMV drivers, and CMVs in interstate commerce differ from the FMCSRs and still be considered compatible? 350.339 What are tolerance guidelines? 350.341 What specific variances from the FMCSRs are allowed for State laws and regulations governing motor carri
10、ers, CMV drivers, and CMVs engaged in intra-state commerce and not subject to Fed-eral jurisdiction? 350.343 How may a State obtain a new ex-emption for State laws and regulations for a specific industry involved in intra-state commerce? 350.345 How does a State apply for addi-tional variances from
11、the FMCSRs? AUTHORITY: 49 U.S.C. 13902, 3110131104, 31108, 31136, 3114031141, 31161, 3131031311, 31502; and 49 CFR 1.73. SOURCE: 65 FR 15102, Mar. 21, 2000, unless otherwise noted. Subpart AGeneral 350.101 What is the Motor Carrier Safety Assistance Program (MCSAP)? The MCSAP is a Federal grant pro-
12、gram that provides financial assistance to States to reduce the number and se-verity of accidents and hazardous ma-terials incidents involving commercial motor vehicles (CMV). The goal of the MCSAP is to reduce CMV-involved ac-cidents, fatalities, and injuries through consistent, uniform, and effect
13、ive CMV VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00029 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-20 49 CFR Ch. III (10110 Edition) 350.103 safety prog
14、rams. Investing grant mon-ies in appropriate safety programs will increase the likelihood that safety de-fects, driver deficiencies, and unsafe motor carrier practices will be de-tected and corrected before they be-come contributing factors to accidents. The MCSAP also sets forth the condi-tions for
15、 participation by States and local jurisdictions and promotes the adoption and uniform enforcement of safety rules, regulations, and standards compatible with the Federal Motor Carrier Safety Regulations (FMCSRs) and Federal Hazardous Material Regu-lations (HMRs) for both interstate and intrastate m
16、otor carriers and drivers. 350.103 What is the purpose of this part? The purpose of this part is to ensure the Federal Motor Carrier Safety Ad-ministration (FMCSA), States, and other political jurisdictions work in partnership to establish programs to improve motor carrier, CMV, and driv-er safety t
17、o support a safe and efficient transportation system. 350.105 What definitions are used in this part? 10-year average accident rate means for each State, the aggregate number of large truck-involved fatal crashes (as reported in the Fatality Analysis Re-porting System (FARS) for a 10-year period div
18、ided by the aggregate vehicle miles traveled (VMT) (as defined by the Federal Motor Carrier Safety Adminis-tration (FMCSA) ) for the same 10-year period. Accident rate means for each State, the total number of fatal crashes in-volving large trucks (as measured by the FARS for each State) divided by
19、the total VMT as defined by the FMCSA for each State for all vehicles. Agency means Federal Motor Carrier Safety Administration. Administrative Takedown Funds means funds deducted by the FMCSA each fis-cal year from the amount made avail-able for the MCSAP for expenses in-curred in the administratio
20、n of the MCSAP, including expenses to train State and local government employees. Administrator means Federal Motor Carrier Safety Administrator. Basic Program Funds means the total MCSAP funds less the High Priority Activity, Border Activity, Administra-tive Takedown, and Incentive Funds. Border Ac
21、tivity Funds means funds provided to States, local governments, and other persons carrying out pro-grams, activities, and projects relating to CMV safety and regulatory enforce-ment supporting the North American Free Trade Agreement (NAFTA) at the U.S. border. Up to 5 percent of total MCSAP funds ar
22、e available for these activities. Commercial motor vehicle (CMV) means a motor vehicle that has any of the fol-lowing characteristics: (1) A gross vehicle weight (GVW), gross vehicle weight rating (GVWR), gross combination weight (GCW), or gross combination weight rating (GCWR) of 4,537 kilograms (1
23、0,001 pounds) or more. (2) Regardless of weight, is designed or used to transport 16 or more pas-sengers, including driver. (3) Regardless of weight, is used in the transportation of hazardous mate-rials and is required to be placarded pursuant to 49 CFR part 172, subpart F. Commercial vehicle safet
24、y plan (CVSP) means the document outlining the States CMV safety objectives, strate-gies, activities and performance meas-ures. Compatible or Compatibility means State laws and regulations applicable to interstate commerce and to intra-state movement of hazardous materials are identical to the FMCSR
25、s and the HMRs or have the same effect as the FMCSRs. State laws applicable to intrastate commerce are either iden-tical to, or have the same effect as, the FMCSRs or fall within the established limited variances under 350.341. High Priority Activity Funds means funds provided for carrying out high-
26、 priority activities and projects that improve CMV safety and compliance with CMV safety regulations (including activities and projects that are na-tional in scope), increase public aware-ness and education, demonstrate new technologies, and reduce the number and rate of accidents involving CMVs. In
27、centive Funds means funds awarded to States achieving reductions in CMV VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00030 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license fr
28、om IHS-,-,-21 Federal Motor Carrier Safety Administration, DOT 350.201 involved fatal accidents, CMV fatal ac-cident rate, or meeting specified CMV safety program performance criteria. Large truck means a truck over 10,000 pounds gross vehicle weight rating in-cluding single unit trucks and truck tr
29、actors (FARS definition). Motor carrier means a for-hire motor carrier or private motor carrier. The term includes a motor carriers agents, officers, or representatives responsible for hiring, supervising, training, as-signing, or dispatching a driver or con-cerned with the installation, inspec-tion
30、, and maintenance of motor vehicle equipment or accessories or both. New Entrant Funds means funds pro-vided to State and local governments to conduct safety audits on New En-trant motor carriers under the New En-trant Safety Assurance Program. North American Standard Inspection means the methodolog
31、y used by State CMV safety inspectors to conduct safe-ty inspections of CMVs. This consists of various levels of inspection of the vehicle or driver or both. The inspec-tion criteria are developed by the FMCSA in conjunction with the Com-mercial Vehicle Safety Alliance (CVSA), an association of Stat
32、es, Cana-dian Provinces, and Mexico whose members agree to adopt these stand-ards for inspecting CMVs in their juris-diction. Operating authority means the reg-istration required by 49 U.S.C. 13902, 49 CFR part 365, 49 CFR part 368, and 49 CFR 392.9a. 65 FR 15102, Mar. 21, 2000, as amended at 71 FR
33、50866, Aug. 28, 2006; 72 FR 36769, July 5, 2007 350.107 What jurisdictions are eligi-ble for MCSAP funding? All of the States, the District of Co-lumbia, the Commonwealth of Puerto Rico, the Commonwealth of the North-ern Mariana Islands, American Samoa, Guam, and the Virgin Islands are eligi-ble to
34、receive MCSAP grants directly from the FMCSA. For purposes of this subpart, all references to State or States include these jurisdictions. 350.109 What are the national pro-gram elements? The national program elements in-clude the following five activities: (a) Driver/vehicle inspections. (b) Traffi
35、c enforcement. (c) Compliance reviews. (d) Public education and awareness. (e) Data collection. 350.111 What constitutes traffic en-forcement for the purpose of the MCSAP? Traffic enforcement means enforce-ment activities of State or local offi-cials, including the stopping of vehicles operating on
36、highways, streets, or roads for moving violations of State or local motor vehicle or traffic laws (e.g., speeding, following too closely, reck-less driving, improper lane changes). 72 FR 36769, July 5, 2007 Subpart BRequirements for Participation 350.201 What conditions must a State meet to qualify
37、for Basic Program Funds? Each State must meet the following 26 conditions: (a) Assume responsibility for improv-ing motor carrier safety and adopting and enforcing State safety laws and regulations that are compatible with the FMCSRs (49 CFR parts 390397) and the HMRs (49 CFR parts 107 (subparts F a
38、nd G only), 171173, 177, 178 and 180), except as may be determined by the Administrator to be inapplicable to a State enforcement program. (b) Implement performance-based ac-tivities, including deployment of tech-nology to enhance the efficiency and effectiveness of CMV safety programs. (c) Designat
39、e, in its State Certifi-cation, the lead State agency respon-sible for implementing the CVSP. (d) Ensure that only agencies having the legal authority, resources, and qualified personnel necessary to en-force the FMCSRs and HMRs or com-patible State laws or regulations are assigned to perform functi
40、ons in ac-cordance with the approved CVSP. (e) Allocate adequate funds for the administration of the CVSP including the enforcement of the FMCSRs, HMRs, or compatible State laws or reg-ulations. (f) Maintain the aggregate expendi-ture of funds by the State and its polit-ical subdivisions, exclusive
41、of Federal VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00031 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-22 49 CFR Ch. III (10110 Edition) 350.201 funds, f
42、or CMV safety programs eligi-ble 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. (g) Provide legal authority for a right of entr
43、y and inspection adequate to carry out the CVSP. (h) Prepare and submit to the FMCSA, upon request, all reports re-quired in connection with the CVSP or other conditions of the grant. (i) Adopt and use the reporting stand-ards and forms required by the FMCSA to record work activities performed under
44、 the CVSP. (j) Require registrants of CMVs to de-clare, at the time of registration, their knowledge of applicable FMCSRs, HMRs, or compatible State laws or reg-ulations. (k) Grant maximum reciprocity for inspections conducted under the North American Standard Inspection through the use of a nationa
45、lly accepted system that allows ready identification of pre-viously inspected CMVs. (l) Conduct CMV size and weight en-forcement activities funded under this program only to the extent those ac-tivities do not diminish the effective-ness of other CMV safety enforcement programs. (m) Coordinate the C
46、VSP, data col-lection and information systems, with State highway safety programs under title 23 United States Code (U.S.C.). (n) Ensure participation in SAFETYNET and other information systems by all appropriate jurisdic-tions receiving funding under this sec-tion. (o) Ensure information is exchang
47、ed with other States in a timely manner. (p) Emphasize and improve enforce-ment of State and local traffic laws and regulations related to CMV safety. (q) Promote activities in support of the national program elements listed in 350.109, including the following three activities: (1) Activities aimed
48、at removing im-paired CMV drivers from the highways through adequate enforcement of re-strictions on the use of alcohol and controlled substances and by ensuring ready roadside access to alcohol detec-tion and measuring equipment. (2) Activities aimed at providing an appropriate level of training to
49、 MCSAP personnel to recognize drivers impaired by alcohol or controlled substances. (3) Interdiction activities affecting the transportation of controlled sub-stances by CMV drivers and training on appropriate strategies for carrying out those interdiction activities. (r) Enforce requirements relating to the licensing of CMV drivers, including checking the status of commercial drivers licenses (CDL). (s) Establish a program to ensure that accur
