['Enforcement - DOT']
['Compliance reviews - Motor Carrier']
10/08/2024
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(a) General.(1) For the first year of the CVSP, the Lead State Agency must submit a CVSP that complies with the MCSAP application announcement and, at a minimum, provides a performance-based program with a general overview section that includes:
(i) A statement of the Lead State Agency’s goal or mission; and
(ii) A program summary of the effectiveness of prior activities in reducing CMV crashes, injuries, and fatalities and in improving driver and motor carrier safety performance.
(2) The program summary must identify and address safety or performance problems in the State.
(3) The program summary must use 12-month data periods that are consistent from year to year. This may be a calendar year, fiscal year, or any 12-month period for which the State’s data is current.
(4) The program summary must show trends supported by safety and program performance data collected over several years.
(b) National MCSAP elements.(1) For the first year of the CVSP, the Lead State Agency must include a brief narrative describing how the State CVSP addresses the national program elements listed in §350.203.
(2) The CVSP must address each national program element even if there are no planned activities in a program area.
(c) Resource allocation. For the first year of the CVSP, the Lead State Agency must explain the rationale for the State’s resource allocation decisions.
(d) Specific activities. For the first year of the CVSP, the Lead State Agency must have a narrative section that includes a description of how the CVSP supports:
(1) 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;
(2) Activities aimed at providing an appropriate level of training to MCSAP personnel to recognize drivers impaired by alcohol or controlled substances;
(3) Criminal interdiction activities and appropriate strategies for carrying out those interdiction activities, including human trafficking, and interdiction activities affecting the transportation of controlled substances by any occupant of a CMV; and
(4) Activities to enforce registration requirements and to cooperate in the enforcement of financial responsibility requirements under §392.9a and part 387 of this subchapter.
(e) Performance objectives. For the first year of the CVSP, the Lead State Agency must include performance objectives, strategies, and activities stated in quantifiable terms, that are to be achieved through the CVSP.
(f) Monitoring. For the first year of the CVSP, the Lead State Agency must include a description of the State’s method for ongoing monitoring of the progress of the CVSP.
(g) Budget. For the first year of the CVSP, the Lead State Agency must include a budget for that year that 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.
(h) List of MCSAP contacts. For the first year of the CVSP, the Lead State Agency must include a list of MCSAP contacts.
(i) Certification.(1) For the first year 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.
(j) New or amended laws. For the first year 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 was enacted by the State since the prior year’s submission.
(k) Further submissions. For the first year of the CVSP, the Lead State Agency must also submit other information required, as described in the MCSAP application announcement for that fiscal year.
[85 FR 37796, June 24, 2020]
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