[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: 49CFR350.211]



[Page 23-24]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 350_COMMERCIAL MOTOR CARRIER SAFETY ASSISTANCE PROGRAM--Table 

of Contents

 

                Subpart B_Requirements for Participation

 

Sec. 350.211  What is the format of the certification required by 

Sec. 350.209?



    The State's certification must be consistent with the following 

content:



    I (name), (title), on behalf of the State (or Commonwealth) of 

(State), as requested by the Administrator as a condition of approval of 

a grant under the authority of 49 U.S.C. 31102, as amended, do hereby 

certify as follows:

    1. The State has adopted commercial motor carrier and highway 

hazardous materials safety rules and regulations that are compatible 

with the FMCSRs and the HMRs.

    2. The State has designated (name of State CMV safety agency) as the 

lead agency to administer the CVSP for the grant sought and (names of 

agencies) to perform defined functions under the plan. These agencies 

have the legal authority, resources, and qualified personnel necessary 

to enforce the State's commercial motor carrier, driver, and highway 

hazardous materials safety laws or regulations.

    3. The State will obligate the funds or resources necessary to 

provide a matching share to the Federal assistance provided in the grant 

to administer the plan submitted and to enforce the State's commercial 

motor carrier safety, driver, and hazardous materials laws or 

regulations in a manner consistent with the approved plan.

    4. The laws of the State provide the State's enforcement officials 

right of entry and inspection sufficient to carry out the purposes of 

the CVSP, as approved, and provide that the State will grant maximum 

reciprocity for inspections conducted pursuant to the North American 

Standard Inspection procedure, through the use of a nationally accepted 

system allowing ready identification of previously inspected CMVs.

    5. The State requires that all reports relating to the program be 

submitted to the appropriate State agency or agencies, and the State 

will make these reports available, in a timely manner, to the FMCSA on 

request.

    6. The State has uniform reporting requirements and uses FMCSA 

designated forms for record keeping, inspection, and other enforcement 

activities.

    7. The State has in effect a requirement that registrants of CMVs 

declare their knowledge of the applicable Federal or State CMV safety 

laws or regulations.

    8. The State will maintain the level of its expenditures, exclusive 

of Federal assistance, at least at the level of the average of the 

aggregate expenditures of the State and its political subdivisions 

during State or Federal fiscal years 1997, 1998, and 1999. These 

expenditures must cover at least the following four program areas, if 

applicable:

    (a) Motor carrier safety programs in accordance with 49 CFR 350.301.

    (b) Size and weight enforcement programs.

    (c) Traffic safety.

    (d) Drug interdiction enforcement programs.

    9. The State will ensure that CMV size and weight enforcement 

activities funded with MCSAP funds will not diminish the effectiveness 

of other CMV safety enforcement programs.

    10. The State will ensure that violation fines imposed and collected 

by the State are consistent, effective, and equitable.

    11. The State will ensure it has a program for timely and 

appropriate correction of all violations discovered during inspections 

conducted using MCSAP funds.

    12. The State will ensure that the CVSP, data collection, and 

information systems are coordinated with the State highway safety 

program under title 23, U.S. Code. The name of the Governor's highway 

safety representative (or other authorized State official



[[Page 24]]



through whom coordination was accomplished) is ------------. (Name)

    13. The State participates in SAFETYNET and ensures information is 

exchanged with other States in a timely manner.

    14. The State has undertaken efforts to emphasize and improve 

enforcement of State and local traffic laws as they pertain to CMV 

safety.

    15. The State will ensure that MCSAP agencies have departmental 

policies stipulating that roadside inspections will be conducted at 

locations that are adequate to protect the safety of drivers and 

enforcement personnel.

    16. The State will ensure that requirements relating to the 

licensing of CMV drivers are enforced, including checking the status of 

CDLs.

    17. The State or a local recipient of MCSAP funds will certify that 

it meets the minimum Federal standards set forth in 49 CFR part 385, 

Subpart C, for training and experience of employees performing safety 

audits, compliance reviews, or driver/vehicle roadside inspections.

Date____________________________________________________________________

Signature_______________________________________________________________



[65 FR 15102, Mar. 21, 2000, as amended at 67 FR 12779, Mar. 19, 2002; 

67 FR 61820, Oct. 2, 2002]