[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR350.201]

[Page 805-806]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 350_COMMERCIAL MOTOR CARRIER SAFETY ASSISTANCE PROGRAM--Table of Contents
 
                Subpart B_Requirements for Participation
 
Sec. 350.201  What conditions must a State meet to qualify for Basic 
Program Funds?


    Each State must meet the following twenty-two conditions:
    (a) 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.
    (b) Implement a performance-based program by the beginning of Fiscal 
Year 2000 and submit a CVSP which will serve as the basis for monitoring 
and evaluating the State's performance.
    (c) Designate, in its State Certification, the lead State agency 
responsible for implementing the CVSP.
    (d) 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.
    (e) Allocate adequate funds for the administration of the CVSP 
including the enforcement of the FMCSRs, HMRs, or compatible State laws 
or regulations.

[[Page 806]]

    (f) Maintain the aggregate expenditure of funds by the State and its 
political subdivisions, exclusive of Federal funds, for motor carrier 
and highway hazardous materials safety enforcement, eligible for funding 
under this part, at a level at least equal to the average expenditure 
for Federal or State fiscal years 1997, 1998, and 1999.
    (g) Provide legal authority for a right of entry and inspection 
adequate to carry out the CVSP.
    (h) Prepare and submit to the FMCSA, upon request, all reports 
required in connection with the CVSP or other conditions of the grant.
    (i) Adopt and use the reporting standards and forms required by the 
FMCSA to record work activities performed under the CVSP.
    (j) Require registrants of CMVs to declare, at the time of 
registration, their knowledge of applicable FMCSRs, HMRs, or compatible 
State laws or regulations.
    (k) 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.
    (l) 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.
    (m) Coordinate the CVSP, data collection 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 jurisdictions receiving funding under this section.
    (o) Ensure information is exchanged with other States in a timely 
manner.
    (p) Emphasize and improve enforcement of State and local traffic 
laws and regulations related to CMV safety.
    (q) Promote activities in support of the national program elements 
listed in Sec. 350.109, including the following three activities:
    (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) Interdiction activities affecting the transportation of 
controlled substances 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) Require the proper and timely correction of all CMV safety 
violations noted during inspections carried out with MCSAP funds.
    (t)(1) Enforce registration requirements under 49 U.S.C. 13902, and 
49 CFR part 365, and 49 CFR 392.9a by placing out-of-service the vehicle 
discovered to be operating without registration or beyond the scope of 
its registration.
    (2) Enforce financial responsibility requirements under 49 U.S.C. 
13906, 31138, 31139, and 49 CFR part 387.
    (u) Adopt and maintain consistent, effective, and reasonable 
sanctions for violations of CMV, driver, and hazardous materials 
regulations.
    (v) 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.

[65 FR 15102, Mar. 21, 2000, as amended at 67 FR 55165, Aug. 28, 2002; 
67 FR 61820, Oct. 2, 2002]