MCSAP (Motor Carrier Safety Assistance Program)

350.101 - What is the Motor Carrier Safety Assistance Program (MCSAP)?

• The Motor Carrier Safety Assistance Program (MCSAP) is a federal grant program that is designed to reduce the number, and severity, of accidents.

350.103 - MCSAPs Purpose

• To establish and support safe driving programs.

350.107 - MCSAP Funding Jurisdictions

350.109 - MCSAPs National Elements

• Driver and vehicle inspections, traffic enforcement, compliance reviews, public education and awareness and data collection.

350.111 - The Definition of Traffic Enforcement

• Traffic enforcement refers to state and local enforcement of traffic laws.

350.201 - What Are The Conditions to Qualify for Basic Program Funds?

There are 26 specific requirements a state must meet:

• Accept responsibility for improving safety and enforcing state safety laws related to the Federal Motor Carrier Safety Regulations (FMCSR) and Hazardous Material Regulations (HMR).
• Implement performance based activities.
• Designate the lead state agency responsible for implementing the Commercial Vehicle Safety Plan (CVSP).
• Ensure all laws are enforced.
• Provide adequate funding to administer CVSP.
• Maintain MCSAP state funds, separate from federal monies, at least at the average expenditure for three fiscal years (October 1 through September 30).
• Provide legal authority for a right-of-entry and inspection adequate to carry out the CVSP.
• Send the CVSP reports to the Federal Motor Carrier Safety Administration (FMCSA) upon request, or as stipulated by the grant.
• Use FMCSA reporting standards.
• Require Commercial Motor Vehicle (CMV) registrants to declare they know FMCSA, HMR, and state laws regarding CMV activity.
• Allow for full reciprocity for inspections conducted under the North American Standard Inspection.
• Conduct CMV size and weight grant funded activities without impacting any other CMV safety programs.
• Coordinate CVSP, data collection and information systems along with state highway safety programs.
• Participate in SAFETYNET and any other programs as dictated in the grant.
• Share information with other states in a timely manner.
• Emphasize and improve CMV safety laws.
• Promote activities from CFR 350.109.
• Establish programs to remove impaired CMV drivers.
• Provide training of MCSAP on spotting drivers with substance abuse issues.
• Interdiction activities regarding the transport of controlled substances.
• Enforce CMV licensing regulations.
• Establish a program for data collection.
• Enforce the registration of operating authorities.
• Establish sanctions for CMV violations.
• Make sure roadside inspections are conducted with everyone's safety in mind.
• Write into the CMV manual safe driving practices.
• Conduct inspections in locations at high risk for accidents and fatalities.
• Conduct passenger vehicle inspections where a motor carrier may make a planned stop.
• Enforce CFR 385, subpart J.

350.205 - How to apply for MCSAP funding?

• The lead agency must submit the CVSP to the Motor Carrier (MC) State Director by August 1 every year. The State Director has discretionary authority to extend the August 1 deadline by up to 30 days. The CVSP must be complete.

350.207 – What Response Does a State Receive to its CVSP Submission?

• The FMCSA will notify a state in writing as to whether or not their plan is approved.

350.209 – How does a state meet the conditions for Basic Program Funding?

• The state appointed official executes a state certification, submits the CVSP, state law and regulations regarding CMV safety.

350.211 – What is required on the State Certification?

• The name and title of the state appointed official.
• The state's adopted commercial motor carrier (MC) and highway hazmat safety rules and regulations.
• The designated state agency to administer the CVSP.
• A list of funds set aside to administer the plan.
• Established state laws regarding right of entry, inspection and information reciprocity.
• Establish reporting requirements.
• Use FMCSA approved forms.
• Require the CMV registrants to declare the knowledge of state and federal safety law.
• Maintain aggregate expenditures.
• Ensure MCSAP does not detract from existing safety programs.
• Establish appropriate fines for CMV violations.
• Establish a program to send reports to FMCSA, join DataQs, SAFETYNET.
• Make sure to coordinate with the state highway safety program.
• Ensure state and local CMV laws are known and followed.
• Establish safety locations for roadside personnel.
• Follow proper CDL licensing procedures.
• Ensure MCSAP employees know and follow 49 CFR, part 385, subpart C.
• Enforce the use of operating authorities (49 CFR 392.9a).
• Enforce financial responsibility requirements (49 CFR 387) .
• Include in CMV manual safe driving practices.
• Establish procedures for inspections in high risk locations.
• Ensure passenger carrying vehicle inspections are conducted where MC are making planned stops.