MCSAP Minimum Standards & Requirements MCSAP Planning Meeting - PowerPoint PPT Presentation

MCSAP Planning Meeting and Grants Training – 2017 MCSAP Minimum Standards & Requirements

MCSAP Planning Meeting and Grants Training – 2017 Objectives • Overview of FAST and MCSAP – FAST Requirements • Requirements and standards • Grant program specifics – Regulatory Requirement Overview • 49 CFR 350 – MCSAP Policy Requirements • National MCSAP elements (per 49 CFR 350.109) • CVSP numbers • OOS Catch Rate • Traffic enforcement • Overtime 4/7/2017 2

MCSAP Planning Meeting and Grants Training – 2017 MCSAP Requirements • Program Purpose - FAST Act Sec. 5101(b) “…work in partnership to establish programs to improve motor carrier, commercial motor vehicle, and driver safety to support a safe and efficient surface transportation system…” • State Plan (CVSP) requirements  FAST Act Sec. 5101(c)(2)(A) through (BB) • (c)(3) - Plan posting requirements  Public posting 30 days after approval  Ability to redact 3

MCSAP Planning Meeting and Grants Training – 2017 Additional notable conditions in Sec. 5101 • (e) – Intrastate compatibility • (h) – Use of grants to enforce other laws  Size and Weight  Human Trafficking  Documented enforcement of State traffic laws  Maintain 2004/2005 CMV safety activity level  FMCSA calculated as – CMV Inspections + NE Audits + CR’s  Not more than 10% Basic amount without approval  More on this later… 4

MCSAP Planning Meeting and Grants Training – 2017 Who Gets Funding? • Defined in 49 USC 31102 – Reiterated in 49 CFR 350.107 • MCSAP – All States – D.C., Puerto Rico, Northern Mariana Islands, American Samoa, Guam, Virgin Islands • High Priority – States – Local governments – Federally recognized Indian tribes – Other political jurisdictions or any person 5

MCSAP Planning Meeting and Grants Training – 2017 National MCSAP Elements 49 CFR 350.109 • Driver/vehicle Inspections • Traffic Enforcement • Compliance Reviews • Public Education and awareness • Data collection National Training Center 6

MCSAP Planning Meeting and Grants Training – 2017 350.201 - How to Qualify for MCSAP • Adopt and enforce FMCSRs (390-397), HMRs (107 F &G, 171- 173, 177, 178, 180) • Implement performance based activities including deployment and maintenance of technology • Governor designates Lead Agency • Obtain legal authority, resources, qualified personnel • Devote adequate resources to administrate CVSP • Level of Effort or Maintenance of Effort (MOE) • Right of Entry • Provide required reports National Training Center 7

MCSAP Planning Meeting and Grants Training – 2017 350.201 - How to Qualify for MCSAP • Use FMCSA reporting standards (systems) and forms for recordkeeping, inspections, and investigations • Grant reciprocity for North American Standard (NAS) inspections with a current CVSA decal • The activities found in 350.309 – (e.g. size and weight, criminal activity, CMV and non-CMV traffic enforcement) paid with grant funds do not reduce the effectiveness of motor carrier, CMV, and driver safety National Training Center 8

MCSAP Planning Meeting and Grants Training – 2017 350.201 - How to Qualify for MCSAP • The Lead Agency will coordinate the CVSP, data collection and information systems with the agency that develops and implements the State Strategic Highway Safety Program • Ensure the State and subawardees participate in FMCSA information technology and data systems • Ensure information is exchanged with other States timely • Undertake efforts to emphasize and improve enforcement of State and local traffic laws related to CMV safety National Training Center 9

MCSAP Planning Meeting and Grants Training – 2017 350.201 - How to Qualify for MCSAP • Will address activities in support of the National Program elements (350.109), including: – Remove impaired drivers – Ensure roadside access to alcohol detection equipment – Criminal interdiction including human trafficking when conducted with a CMV inspection Dedicate sufficient resources to ensure accurate, • complete and timely CMV data is collected and reported through SafetyNet National Training Center 10

MCSAP Planning Meeting and Grants Training – 2017 350.201 - How to Qualify for MCSAP • Enforce registration and operating authority by placing out of service any vehicle operating without or outside the scope of the registration/operating authority • Enforce financial responsibility requirements • Ensure consistent, effective and reasonable sanctions • Conduct roadside inspections at safe locations to protect the safety of drivers and inspectors • Include in the CMV and non-CVM licensing manuals information on best practice for driving around one another National Training Center 11

MCSAP Planning Meeting and Grants Training – 2017 350.201 - How to Qualify for MCSAP • Conduct comprehensive and highly visible traffic enforcement and CMV safety inspections in high risk locations and corridors • Inspections of CMVs carrying passengers are conducted at a bus station, terminal, border crossing, maintenance facility, destination or planned stop locations except weigh stations unless there is an imminent or obvious safety hazard • Lead Agency must transmit to roadside inspectors each Federal exemption granted and provided to the State by FMCSA National Training Center 12

MCSAP Planning Meeting and Grants Training – 2017 350.201 - How to Qualify for MCSAP • Except for a territory, conduct New Entrant Safety Audits – May use third party – State responsible for management, oversight and quality • Agrees to fully participate in PRISM by October 1, 2020 (level six) • If the State shares a land border with another country, conduct a border CMV safety program focusing on international commerce • ITD maintenance and operation costs are eligible National Training Center 13

MCSAP Planning Meeting and Grants Training – 2017 350.301 - Level of Effort (MOE) • Level of Effort and Maintenance of Effort (MOE) are synonyms and used interchangeably by FMCSA • Maintain the average aggregate expenditure of the Lead Agency for CMV safety programs equal to the average level of the expenditures for the federal fiscal years 2004 and 2005 • Must exclude from the calculation: – Federal funds expended – State matching funds expended National Training Center 14

MCSAP Planning Meeting and Grants Training – 2017 350.309 - MCSAP activities allowed • Five national program elements (350.109) • Sanitary food transportation inspections (49 USC 5708) • When accompanied by a NAS inspection and report – Size and Weight at other than fixed facilities where there is a link to a documented safety problem such as steep grades, mountainous terrains, ports where intermodal container enter and leave US – Detection of and enforcement of criminal activity including human trafficking by any occupant of a CMV 15

MCSAP Planning Meeting and Grants Training – 2017 350.309 - MCSAP activities allowed • Documented enforcement of State traffic laws and regulations to promote safe operations of CMVs – Includes documented enforcement of non-CMVs around CMVs – The number of motor carrier safety activities must equal the average activities conducted in federal fiscal years 2004 and 2005 – The State cannot use more than 10% of MCSAP Basic funds for enforcement activities on non-CMVs • A State may ask FMCSA Administrator to increase the 10% using data to show a significant increases in CMV safety. 16

MCSAP Planning Meeting and Grants Training – 2017 NAS Inspection Levels • Ultimately, each State is responsible for determining the level of NAS inspection to be conducted. – It is recognized that the percentage of Level I, II and III inspections conducted by a State will vary depending on the safety problem being addressed, type of inspection facilities, location, and other factors within the State. – The FMCSA encourages each State to conduct at least 25% of its inspections as NAS Level I. – FMCSA encourages each State to conduct at least 33% of its inspections as NAS Level III. • If your data shows the you need to deviate from these numbers, provide your analysis with data to show your need. 17

MCSAP Planning Meeting and Grants Training – 2017 Schedule Inspections • The FMCSA recognizes that some States schedule inspections and give the motor carriers advance notice. – These inspections should be Level I or Level V inspections, to allow inspectors to meet certification requirements. – FMCSA requests that the States closely monitor the use of scheduled inspections to ensure that a motor carrier is not inappropriately altering its SMS scores and safety history • How do you determine if the scheduled inspection is truly Level 1 or Level 5 • Do you have a process to determine if the inspections will not alter the SMS scores? • Are you coordinating with the Division Office since MAP-21 requires FMCSA visit every passenger carrier every three years? 18

MCSAP Planning Meeting and Grants Training – 2017 Traffic Enforcement • Documented traffic enforcement on CMVs without an inspection. • Documented traffic enforcement on non-CMVs without an inspection when necessary to promote the safe operation by and around CMVs (amount limited as described below). • Documented traffic enforcement during strike force activities in high risk locations and/or corridors. • Coordination with other Agencies grants (e.g. NHTSA, FHWA, DOJ) 19