[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: 49CFR350.213]



[Page 24-25]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 350_COMMERCIAL MOTOR CARRIER SAFETY ASSISTANCE PROGRAM--Table 

of Contents

 

                Subpart B_Requirements for Participation

 

Sec. 350.213  What must a State CVSP include?



    The State's CVSP must reflect a performance-based program, and 

contain the following eighteen items:

    (a) A general overview section that must include the following two 

items:

    (1) A statement of the State agency goal or mission.

    (2) A program summary of the effectiveness of the prior years' 

activities in reducing CMV accidents, injuries and fatalities, and 

improving driver and motor carrier safety performance. Data periods used 

must be consistent from year to year. This may be calendar year or 

fiscal year or any 12-month period of time for which the State's data is 

current. The summary must show trends supported by safety and program 

performance data collected over several years. It must identify safety 

or performance problems in the State and those problems must be 

addressed in the new or modified CVSP.

    (b) A brief narrative describing how the State program addresses the 

national program elements listed in Sec. 350.109. The plan must address 

these elements even if there are no planned activities in a program 

area. The rationale for the resource allocation decision must be 

explained. The narrative section must include a description of how the 

State supports the activities identified in Sec. 350.201(q) and (t).

    (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.

    (4) Activities to enforce registration requirements under 49 U.S.C. 

13902 and 49 CFR part 365 and financial responsibility requirements 

under 49 U.S.C. 13906, 31138 and 31139 and 49 CFR part 387.

    (c) A definitive problem statement for each objective, supported by 

data or other information. The CVSP must identify the source of the 

data, and who is responsible for its collection, maintenance, and 

analysis.

    (d) Performance objectives, stated in quantifiable terms, to be 

achieved through the State plan. Objectives must include a measurable 

reduction in highway accidents or hazardous materials incidents 

involving CMVs. The objective may also include documented improvements 

in other program areas (e.g., legislative or regulatory authority, 

enforcement results, or resource allocations).

    (e) Strategies to be employed to achieve performance objectives. 

Strategies may include education, enforcement, legislation, use of 

technology and improvements to safety infrastructure.

    (f) Specific activities intended to achieve the stated strategies 

and objectives. Planned activities must be eligible under this program 

as defined in Sec. Sec. 350.309 and 350.311.



[[Page 25]]



    (g) Specific quantifiable performance measures, as appropriate. 

These performance measures will be used to assist the State in 

monitoring the progress of its program and preparing an annual 

evaluation.

    (h) A description of the State's method for ongoing monitoring of 

the progress of its plan. This should include who will conduct the 

monitoring, the frequency with which it will be carried out, and how and 

to whom reports will be made.

    (i) An objective evaluation that discusses the progress towards 

individual objectives listed under the ``Performance Objectives'' 

section of the previous year's CVSP and identifies any safety or 

performance problems discovered. States will identify those problems as 

new objectives or make modifications to the existing objectives in the 

next CVSP.

    (j) A budget which supports the CVSP, describing the expenditures 

for allocable costs such as personnel and related costs, equipment 

purchases, printing, information systems costs, and other eligible costs 

consistent with Sec. Sec. 350.311 and 350.309.

    (k) A budget summary form including planned expenditures for that 

fiscal year and projected number of activities in each national program 

element, except data collection.

    (l) The results of the annual review to determine the compatibility 

of State laws and regulations with the FMCSRs and HMRs.

    (m) A copy of any new law or regulation affecting CMV safety 

enforcement that was enacted by the State since the last CVSP was 

submitted.

    (n) Executed State Certification as outlined in Sec. 350.211.

    (o) Executed MCSAP-1 form.

    (p) List of MCSAP contacts.

    (q) Annual Certification of Compatibility, Sec. 350.331.

    (r) State Training Plan.



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

FR 63019, Oct. 9, 2002]