§ 350.105 - What definitions are used in this part?

§ 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 Highway Administration (FHWA) 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 Vehicles Miles Traveled (VMT) as defined by the Federal Highway Administration (FHWA) for each State for all vehicles.

Agency means Federal Motor Carrier Safety Administration.

Administrative Takedown Funds means funds deducted by the FMCSA

Unless specifically defined in this section, terms used in this part are subject to the definitions in 49 CFR part 390. As used in this part:

Administrative takedown funds means funds FMCSA deducts each fiscal year from the

amount

amounts made available for MCSAP and the

MCSAP

High Priority Program for expenses incurred

in the administration of the MCSAP, including expenses to train

by FMCSA for training State and local government employees and for the administration of the programs.

Administrator means Federal Motor Carrier Safety Administrator.

Basic Program Funds means total MCSAP funds less the Administrative Takedown and Incentive Funds

the administrator of FMCSA.

Border State means a State that shares a land border with Canada or Mexico.

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 the 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)

or the Plan means the document outlining the

means a State's CMV safety objectives, strategies, activities, and performance measures that cover a 3-year period, including the submission of the CVSP for the first year and annual updates thereto for the second and third years.

Compatible or

Compatibility

compatibility means State laws

and regulations

, regulations, standards, and orders on CMV safety that:

(1) As applicable to interstate commerce

and to intrastate

not involving the movement of hazardous materials

are

:

(i) Are identical to

the FMCSRs and the HMRs

or have the same effect as the FMCSRs

. State laws

; or

(ii) If in addition to or more stringent than the FMCSRs, have a safety benefit, do not unreasonably frustrate the Federal goal of uniformity, and do not cause an unreasonable burden on interstate commerce when enforced;

(2) As applicable to intrastate commerce

are either

not involving the movement of hazardous materials:

(i) Are identical to

,

or have the same effect as

,

the FMCSRs; or

fall

(ii) Fall within the

established

limited variances from the FMCSRs allowed under § 350.

341.

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.

Innovative Technology Deployment funds means funds provided to States for carrying out the deployment of innovative technology that support commercial vehicle information systems and networks.

Large truck means a truck over 10,000 pounds gross vehicle weight rating including single unit trucks and truck tractors (FARS definition).

305 or § 350.307; and

(3) As applicable to interstate and intrastate commerce involving the movement of hazardous materials, are identical to the HMRs.

FMCSA means the Federal Motor Carrier Safety Administration of the United States Department of Transportation.

FMCSRs means:

(1) The Federal Motor Carrier Safety Regulations under parts 390, 391, 392, 393, 395, 396, and 397 of this subchapter; and

(2) Applicable standards and orders issued under these provisions.

HMRs means:

(1) The Federal Hazardous Materials Regulations under subparts F and G of part 107, and parts 171, 172, 173, 177, 178, and 180 of this title; and

(2) Applicable standards and orders issued under these provisions.

High Priority Program funds means total funds available for the High Priority Program, less the administrative takedown funds.

Investigation means an examination of motor carrier operations and records, such as drivers' hours of service, maintenance and inspection, driver qualification, commercial driver's license requirements, financial responsibility, crashes, hazardous materials, and other safety and transportation records, to determine whether a motor carrier meets safety standards, including the safety fitness standard under § 385.5 of this subchapter, or, for intrastate motor carrier operations, the applicable State standard.

Lead State Agency means the State CMV safety agency designated by the Governor to be responsible for administering the Plan CVSP throughout the a State.

Level of effort - see

Maintenance of effort

. Maintenance of effort

(MOE) means the level of

effort Lead State Agencies are required to maintain

a State's financial expenditures, other than the required match, the Lead State Agency is required to expend each fiscal year in accordance with

49 CFR

§ 350.

301. Maintenance of effort is also referred to as “maintenance of expenditure” and “level of effort.”

225.

Motor carrier means a for-hire motor carrier or private motor carrier. The term includes a motor carrier's agents, officers, or and representatives, as well as employees responsible for hiring, supervising, training, assigning, or dispatching a driver or an employee concerned with the installation, inspection, and maintenance of motor vehicle equipment or accessories or both. .

Motor Carrier Safety Assistance Program (MCSAP) funds means total formula grant funds available for MCSAP, less the administrative takedown funds.

New entrant safety

audits

audit means the safety

audits

audit of an interstate motor carrier that is required as a condition of MCSAP eligibility under § 350.207(a)(26), and, at the State's discretion, an intrastate

,

new entrant motor

carriers

carrier under 49 U.S.C. 31144(g) that

are required as a condition of MCSAP eligibility under § 350.201(z).

is conducted in accordance with subpart D of part 385 of this subchapter.

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), which is an association of States, Canadian Provinces, and Mexico whose members agree to adopt these standards for inspecting CMVs in their jurisdiction.

Operating authority means the registration required by 49 U.S.C. 13902 and 31144, 49 CFR parts 365 and 368, and § 392.9a.

Plan - see Commercial Vehicle Safety Plan or CVSP.

State or States means all of the

State means a State of the United States, the District of Columbia,

the Commonwealth of Puerto Rico

American Samoa, the Commonwealth of the Northern Mariana Islands,

American Samoa

the Commonwealth of Puerto Rico, Guam, and the Virgin Islands

.

[65 FR 15102, Mar. 21, 2000, as amended at 71 FR 50866, Aug. 28, 2006; 72 FR 36769, July 5, 2007; 77 FR 59823, Oct. 1, 2012; 80 FR 59071, Oct. 1, 2015; 81 FR 71010, Oct. 14, 2016; 83 FR 22873, May 17, 2018]

, unless otherwise specified in this part.

Traffic enforcement means the stopping of vehicles operating on highways for moving violations of State, Tribal, or local motor vehicle or traffic laws by State, Tribal, or local officials.