[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR350.105]



[Page 20-21]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 350_COMMERCIAL MOTOR CARRIER SAFETY ASSISTANCE PROGRAM--Table 

of Contents

 

                            Subpart A_General

 

Sec. 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 Reporting System (FARS)) for a 10-year period divided 

by the aggregate vehicle miles traveled (VMT) (as defined by the Federal 

Motor Carrier Safety Administration (FMCSA) ) for the same 10-year 

period.

    Accident rate means for each State, the total number of fatal 

crashes involving large trucks (as measured by the FARS for each State) 

divided by 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 

fiscal year from the amount made available for the MCSAP for expenses 

incurred in the administration 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, Administrative Takedown, and 

Incentive Funds.

    Border Activity Funds means funds provided to States, local 

governments, and other persons carrying out programs, activities, and 

projects relating to CMV safety and regulatory enforcement supporting 

the North American Free Trade Agreement (NAFTA) at the U.S. border. Up 

to 5 percent of total MCSAP funds are available for these activities.

    Commercial motor vehicle (CMV) means a motor vehicle that has any of 

the following 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 (10,001 pounds) or more.

    (2) Regardless of weight, is designed or used to transport 16 or 

more passengers, including driver.

    (3) Regardless of weight, is used in the transportation of hazardous 

materials and is required to be placarded pursuant to 49 CFR part 172, 

subpart F.

    Commercial vehicle safety plan (CVSP) means the document outlining 

the State's CMV safety objectives, strategies, activities and 

performance measures.

    Compatible or Compatibility means State laws and regulations 

applicable to interstate commerce and to intrastate movement of 

hazardous materials are identical to the FMCSRs and the HMRs or have the 

same effect as the FMCSRs. State laws applicable to intrastate commerce 

are either identical to, or have the same effect as, the FMCSRs or fall 

within the established limited variances under Sec. 350.341.

    High Priority Activity Funds means funds provided to States, local 

governments, and other persons carrying out activities and projects that 

directly support the MCSAP, are national in scope in that the successful 

activity or project could potentially be applied in other States on a 

national scale, and improve CMV safety and compliance with CMV safety 

regulations. Up to 5 percent of total MCSAP funds are available for 

these activities.



[[Page 21]]



    Incentive Funds means funds awarded to States achieving reductions 

in CMV involved fatal accidents, CMV fatal accident rate, or meeting 

specified CMV safety program performance criteria.

    Large truck means a truck over 10,000 pounds gross vehicle weight 

rating including single unit trucks and truck tractors (FARS 

definition).

    Motor carrier means a for-hire motor carrier or private motor 

carrier. The term includes a motor carrier's agents, officers, or 

representatives responsible for hiring, supervising, training, 

assigning, or dispatching a driver or concerned with the installation, 

inspection, and maintenance of motor vehicle equipment or accessories or 

both.

    North American Standard Inspection means the methodology used by 

State CMV safety inspectors to conduct safety inspections of CMVs. This 

consists of various levels of inspection of the vehicle or driver or 

both. The inspection criteria are developed by the FMCSA in conjunction 

with the Commercial Vehicle Safety Alliance (CVSA), an association of 

States, Canadian Provinces, and Mexico whose members agree to adopt 

these standards for inspecting CMVs in their jurisdiction.