Development of Fiscal Year 2025 Commercial Vehicle Safety Plans to Support National Safety_Final.pdf

MEMORANDUM

Subject: Development of Fiscal Year 2025 Commercial Vehicle Safety Plans to Support National Safety Goals

Darrell L. Ruban Associate Administrator for Safety

Date: June 27, 2024 From:

To: MCSAP Lead Agencies, Regional Field Administrators, Field Administrators, Division Administrators, State Program Managers, and State Program Specialists

Reply to Attn. of:

MC-S

Introduction

This Memorandum provides important information for use by Motor Carrier Safety Assistance Program (MCSAP) lead agencies to prepare their Fiscal Year (FY) 2025 MCSAP Grant applications. Applicants submit standard Federal grant forms through the Grants.gov website and their Commercial Vehicle Safety Plans (CVSPs) through the online eCVSP Tool. Applicants should read this entire document carefully, as it contains information critical to completing the application process and the safety activities that should be reflected in the CVSPs.

Background

The goal of the Federal Motor Carrier Safety Administration’s (FMCSA’s) MCSAP, as provided in statute, is to ensure that the Secretary of Transportation, States, and U.S. Territories work in partnership to establish and maintain programs that improve motor carrier, commercial motor vehicle (CMV), and driver safety;

and support an efficient surface transportation system by:

1. Making targeted investments to promote safe CMV transportation, including the transportation of passengers and hazardous materials;

2. Investing in activities likely to generate maximum reductions in the number and severity of CMV crashes and in fatalities resulting from such crashes;

3. Adopting and enforcing effective and compatible (as defined in 49 CFR 350.105) motor carrier, CMV, and driver safety laws, regulations, standards, and orders; and,

4. Assessing and improving Statewide performance of motor carrier, CMV, and driver safety by setting program goals and meeting performance standards, measures, and benchmarks (as defined in 49 CFR 350.201(b).

MCSAP is governed by 49 USC 31102 and 31104, as amended by the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (2021) (IIJA) § 23001(b), and 49 CFR part 350. The term “State” for the purposes of MCSAP, as defined in 49 USC 31101(4) and 49 CFR 350.105, includes a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana

Islands, American Samoa, Guam, and the U.S. Virgin Islands.

MCSAP Funding Levels

The MCSAP funding for FY 2025 will be allocated per the funding formula as prescribed within the Fixing America's Surface Transportation (FAST) Act, Pub. L. 114-94 (2015), section 5106(d)(1), and outlined within 49 CFR 350.217. For FY 2025 planning purposes, FMCSA assumes the full authorized amount under contract authority and supplemental funds in the Infrastructure Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law (BIL) (after accounting for 1.5% administrative takedown), which equals an estimated $487,082,500 in the formula calculation.

Accordingly, estimated MCSAP funding levels for each State have been provided in the eCVSP Tool, for use when completing estimated budgets. Estimated funding totals can also be found in Appendix A.

Please note that States are required to meet all eligibility and program requirements outlined in 49 USC 31102 and 49 CFR part 350 to receive MCSAP funds.

CONTENTS

Introduction

Background

MCSAP Funding Levels

Planning for FY 2025: Unprecedented Funding Continues to Drive Transformative Change

FY 2025 MCSAP Program Information and National Emphasis Areas

Implement the National Roadway Safety Strategy

Reduce Fatal CMV Crashes

1. Driver and Vehicle Inspections and Safety Impact

a. Work Zone Safety

b. Human Trafficking

c. Drug Interdiction

d. Enforcement of Out-of-Service Orders

e. Passenger Carrier Safety

f. Electronic Logging Devices

2. Crash Causation Factors Program (CCFP)

3. Traffic Enforcement

a. Work Zone Safety

b. Vulnerable Road Users

4. New Entrant Safety Audits and Motor Carrier Investigations

a. New Entrant Safety Audits

b. Motor Carrier Investigations

5. Hazardous Materials Safety

a. Driver and Vehicle Inspections

b. Traffic Enforcement

c. Compliance Review/Investigation

d. Hazardous Materials Safety Permits (HMSP)

e. Undeclared Hazardous Materials

f. Concentration on Hazardous Materials Motor Carriers in Intrastate Operations Having High HM Out-of-Service Rates and/or Crash BASIC in Alert Status

g. Cargo Tank Facility Reviews (CTFR)

h. Working with the States to Improve HM Safety

6. CMV Safety Programs Focusing on International Commerce in Border States

a. Motorcoach Inspections

b. Enforcement Activities

c. CMV Safety Inspections

7. Performance and Registration Information Systems Management (PRISM) and “Level-Up” Initiative

8. Innovative Technology Deployment (ITD)

9. Data Collection and Quality

10. Public Education and Awareness

11. Additional Federal Initiatives to Highlight in Your CVSP as Applicable

a. Equitable Enforcement Practices

b. Climate and Sustainability

c. Rural Transportation Networks

d. Truck Parking

State Training Plans

Title VI Assessments

FY 2025 Application and eCVSP Information

Grants.gov eCVSP Tool eCVSP Access and Training

Grant Reporting and Other Requirements

Contacts and Resources

Appendix A: Estimated FY 2025 MCSAP Funding Table

Appendix B: MCSAP Grant Required Documents Checklist

Planning for FY 2025: Unprecedented Funding Continues to Drive Transformative Change

The BIL is a once-in-a-generation investment in our infrastructure and safety programs. It promotes investments and partnerships that enable technologies, data systems, research, and workforce development and expansion to directly impact the safety of people using our transportation systems. It contains more than $3.2 billion in FMCSA grant funding over five years, providing opportunities for FMCSA and our State partners to develop and implement transformative changes to achieve the U.S. Department of Transportation’s (DOT) safety goal of zero fatalities on the Nation’s roadways.

With these additional resources come both an opportunity and an obligation to ensure that FMCSA and the States are doing everything we can to improve roadway safety, and to implement the national transportation safety strategies that galvanize these critical efforts. MCSAP lead agencies will be able to grow existing programs and develop new ones aimed at preventing and reducing CMV-related crashes and fatalities.

Additionally, the Office of Management and Budget (OMB) issued guidance on April 29, 2022, in support of Executive Order 14052, Implementation of the Infrastructure Investment Jobs Act, directing all executive branch agencies to focus on effective stewardship of Federal dollars and ensuring that grant recipients are using measurable outcomes to track how their efforts are benefiting the American people.

While the additional funding provided by the BIL creates unprecedented opportunities for the States, FMCSA is aware that it also presents challenges, as States may struggle to grow their safety programs at a rate commensurate with their increased funding. To better understand these challenges, and to work collectively in finding solutions, FMCSA requests the States include both the opportunities and the challenges they identify in their MCSAP BIL implementation via the MCSAP Structure section of the eCVSP, as well as any other section where it is applicable.

FY 2025 MCSAP Program Information and National Emphasis Areas

All CVSP submissions will continue to be considered based on the MCSAP National Program Elements established in 49 CFR 350.203 and listed below.

MCSAP National Program Elements

• Driver inspections;

• Vehicle inspections;

• Traffic enforcement;

• Investigations;

• New entrant safety audits;

• CMV safety programs focusing on international commerce in border States;

• Full participation in Performance and Registration Information Systems Management (PRISM) or an acceptable alternative as determined by the FMCSA Administrator;

• Accurate, complete, timely, and corrected data;

• Public education and awareness; and

• Other elements as prescribed by the FMCSA Administrator.

Each year, within these National Program Elements, FMCSA identifies national priorities, known as emphasis areas, based on emerging or continuing issues. FMCSA evaluates CVSPs in consideration of these emphasis areas. Below is a summary of the emphasis areas for FY 2025 CVSPs. Areas that merit special attention for this fiscal year are identified with a checkmark icon ().

NATIONAL SAFETY EMPHASIS – Implement the National Roadway Safety Strategy

The DOT’s National Roadway Safety Strategy (NRSS) outlines the Department’s comprehensive plan for collaborating with stakeholders across the country to significantly reduce injuries and deaths on America’s roadways using a safe systems approach. This approach lowers risks by building in multiple layers of protection: safer roads, safer people, safer vehicles, safer speeds, and better post-crash care.

The NRSS is the first step in working toward an ambitious long-term goal of reaching zero roadway fatalities. Through the effective implementation of the MCSAP National Program Elements, MCSAP lead agencies play a critical role in the success of the NRSS and should use the NRSS and the 2022-2026 DOT Strategic Plan as a resource to align grant funded activities with the safety focuses of the Department and

FMCSA.

The NRSS may be found at: https://www.transportation.gov/sites/dot.gov/files/2022-02/USDOT- National-Roadway-Safety-Strategy.pdf

The DOT Strategic Plan may be found at: https://www.transportation.gov/mission/us-dot-strategic-plan-fy-2022-2026

TAKE ACTION: Implement the NRSS

The safe systems approach identified in the NRSS directly supports the overall objective of MCSAP to reduce CMV-involved crashes, fatalities, and injuries through consistent, uniform, and effective CMV safety programs.

TAKE ACTION: The NRSS should be used as a resource for developing CVSPs. The priorities identified for FMCSA in the NRSS should be reflected in proposed MCSAP activities.

NATIONAL SAFETY EMPHASIS – Reduce Fatal CMV Crashes

Crashes involving CMVs continue to be one of the most serious safety challenges. While the number of fatal crashes involving trucks in excess of 26,000 lbs. dropped slightly (down 2%) from 2021 to 2022, fatal crashes involving trucks weighing between 10,001 and 14,000 lbs. increased by 44% in that same time frame.

In support of the Agency’s mission and the intent of MCSAP, reducing the number of CMV fatal crashes (particularly those involving vehicles in excess of 10,000 lbs. engaged in interstate commerce) is one of FMCSA’s highest priorities and a national emphasis area for FY 2025.

For FY 2025, States included in the top 10 fatal crash list below must clearly indicate in their CVSP what they are doing to reduce fatal crashes, including identifying high crash corridors, establishing actionable https://www.transportation.gov/sites/dot.gov/files/2022-02/USDOT-National-Roadway-Safety-Strategy.pdf https://www.transportation.gov/sites/dot.gov/files/2022-02/USDOT-National-Roadway-Safety-Strategy.pdf https://www.transportation.gov/mission/us-dot-strategic-plan-fy-2022-2026 https://www.transportation.gov/mission/us-dot-strategic-plan-fy-2022-2026 goals, and outlining plans to monitor and update those goals as necessary.

Top 10 States having Fatal Crashes Involving a Large Truck and/or Bus

State

2022 % Change from

2021-2022

Texas 656 653 608 781 711 -9.0% California 391 428 438 471 474 0.6% Florida 305 334 336 356 280 -21.3% Georgia 177 185 219 214 222 3.7% Tennessee 126 147 169 188 160 -14.9% Illinois 142 141 157 150 202 34.7% North Carolina 157 151 146 148 150 1.4% Ohio 161 145 124 172 135 -21.5% Pennsylvania 144 135 133 158 165 4.4% Indiana 121 129 144 160 153 -4.4% Top 10 States 2,380 2,448 2,474 2,798 2,652 -5.2% Total for all States + DC 4,668 4,789 4,647 5,373 4,994 -7.05%

Source: FMCSA Motor Carrier Management Information System (MCMIS) data snapshot as of 12/29/2023.

FMCSA expects all MCSAP participants to review their jurisdiction’s crash statistics and engage in high-visibility efforts to combat the large number of CMV crashes and fatalities. MCSAP lead agencies should partner, where appropriate, with other State agencies, local safety departments, and educational research institutions to address CMV crashes. If the MCSAP lead agency is engaging in partnership efforts with other State or local agencies or educational research institutions, ensure this is accurately reflected within your CVSP.

Reducing fatal CMV crashes can, and should, be addressed in multiple ways. Below are several emphasis areas States may consider incorporating into their CSVPs to achieve this goal.

1. Driver and Vehicle Inspections and Safety Impact

Inspections of CMVs remain a core component of MCSAP and provide invaluable data on motor carrier and driver safety performance. While the number of inspections has generally remained consistent, the number of crashes and fatalities has remained high. Lead agencies need to maintain an effective and balanced inspection program as part of their MCSAP activities.

Specific areas of enforcement within driver and vehicle inspections include:

a. Work Zone Safety SPECIAL EMPHASIS

Roadway work zones continue to play a part in the rate of CMV crashes. MCSAP lead agencies are strongly encouraged to include and identify in their CVSPs activities that address areas of high crash occurrence. In regions where inspections are performed in or near areas of highway/roadway construction, States should identify and measure the crash reduction objective/goal for those efforts.

b. Human Trafficking SPECIAL EMPHASIS

Inspections provide an opportunity to directly engage in critical areas of public safety including human trafficking and human smuggling. For several years, the DOT has actively campaigned to increase awareness of human trafficking and encourage its grant recipients to use funding to address this issue.

MCSAP lead agencies should actively coordinate with other enforcement agencies and stakeholders on their efforts to combat human trafficking and human smuggling, as allowed under MCSAP participation requirements. These efforts are MCSAP-eligible as long as they are paired with an appropriate North American Standard (NAS) inspection, or as otherwise permitted in the MCSAP Comprehensive Policy. MCSAP lead agencies should specifically identify any planned activities that are associated with these efforts in their CVSP.

For more information on DOT’s efforts relating to preventing human trafficking, please visit:

https://www.transportation.gov/stophumantrafficking

c. Drug Interdiction

FMCSA’s Drug Interdiction Assistance Program (DIAP) assists law enforcement officials in detecting and apprehending transportation and/or use of illicit drugs conducted in conjunction with a CMV. The program focuses on the development and distribution of criminal interdiction techniques to rapidly identify in-transit CMVs and drivers engaged in criminal activity.

MCSAP lead agencies should actively coordinate with FMCSA’s National Training Center (NTC), as well as other enforcement agencies and stakeholders in their efforts for drug interdiction, as allowed under MCSAP participation requirements.

d. Enforcement of Out-of-Service Orders

Carriers that knowingly operate in violation of an out-of-service (OOS) order are ignoring safety regulations and consciously disregarding the law. Specifically, the importance of immobilizing carriers that are OOS due to a declaration of Imminent Hazard or determined to be Unsatisfactory/Unfit to operate cannot be overstated. These carriers pose an immediate danger to the safety of the traveling public.

The table below summarizes national performance metrics for the detection of OOS carriers during roadside inspections for the period of FYs 2022 through 2024 (YTD). FY 2024 YTD includes data from October 01, 2023, through November 30, 2023.

https://www.transportation.gov/stophumantrafficking

Data Source: FMCSA Motor Carrier Management Information System (MCMIS) and the Safety and Fitness Electronic Records (SAFER) as of 12/29/2023. The data presented above are accurate as of this date but are subject to update as new or additional information may be reported to MCMIS following this date. *FY 2024 YTD includes data from October 01, 2023 through November 30, 2023.

For FY 2025, FMCSA requires all States to strengthen their ability to identify and immobilize OOS carriers during enforcement activities. Checking a carrier’s USDOT Number or other identifiable information to verify operational status is a critical component of all enforcement activities and is required by 49 CFR 350.207(a)(27) relating to the identification and immobilization of carriers operating under an OOS order.

FMCSA requires that States properly identify carriers operating in violation of a Federal OOS Order and place the vehicle out of service. The goal is that at least 85% of OOS carriers with an Imminent Hazard and/or Unsatisfactory/Unfit order are identified and placed out of operation.

States that do not meet the 85% Imminent Hazard and/or Unsatisfactory/Unfit identification rate for OOS carriers inspected in FY 2022 must explain in the CVSP how they have: (1) implemented or will implement policies, (2) utilize appropriate technology to better identify OOS carriers, and (3) conduct quality assurance oversight to ensure that inspectors are using proper procedures to identify these high-risk carriers and preventing them from continued operations.

Each State can obtain a report indicating its Imminent Hazard and Unsatisfactory/Unfit OOS Order identification rate. To find this report, visit A&I online - Motor Carrier Analysis and Information Resources Online (dot.gov) and navigate to the Activity Dashboard, located in the Grants drop-down (login as an Enforcement User is required), and select “OOS Report” from the dropdown menu. This report will be the basis for a State’s planning in this national priority area.

e. Passenger Carrier Safety

Passenger carrier CMV safety and enforcement remains a major FMCSA safety focus. The transportation of passengers inherently carries with it an increased risk of multiple injuries.

More information regarding the requirements for inspections of passenger carrying CMVs can https://ai.fmcsa.dot.gov/ https://ai.fmcsa.dot.gov/

TAKE ACTION: Driver and Vehicle Inspections and Safety Impact (NRSS Objectives: Safer People, Safer Vehicles, Safer Roads) be found in the MCSAP Comprehensive Policy (MCP) section 5.3.7 “State Conducted Inspections of Passenger Carrying CMVs.”

i. Migrant Worker Transportation in Rural Areas SPECIAL EMPHASIS

FMCSA requests that, where safety performance data indicates a need, special emphasis be placed on the development and implementation of a targeted enforcement plan that incorporates recurring roadside enforcement in high-density agricultural regions (during peak harvest seasons) for the purpose of improving the safe transportation of seasonal and migrant agricultural workers. Refer to 49 CFR part 398 for definitions relating to migrant worker classifications and requirements regarding the transportation of these individuals.

States that have identified safety concerns regarding the transportation of seasonal and migrant farm workers are encouraged to work closely with their FMCSA Division Office and local offices of the U.S. Department of Labor to institute an effective safety intervention effort.

f. Electronic Logging Devices

The Electronic Logging Device (ELD) final rule, published on December 16, 2015, is intended to help create a safer work environment for drivers and make it more efficient for motor carriers to accurately track, manage, and review a driver’s hours of service (HOS) data. To meet roadside electronic data reporting requirements, an ELD must support one of two options for data transfer, both of which must electronically transfer data to an authorized safety official on demand:

1. Telematics, which transfers data via wireless web services and email; or

2. Local transfer, which transfers data via USB 2.0 and Bluetooth.

The successful transfer of data is critical to safety and the efficient enforcement of HOS regulations. To effectively implement the ELD regulations, States should, at a minimum, have the capability to support the telematics methods (NOTE: web services is FMCSA’s preferred method) and one local transfer method (such as USB 2.0).

FMCSA also encourages officers and civilian safety personnel to use the Electronic Record of Duty Status (eRODS) software to review HOS during inspections on subject drivers when an ELD is present. A desktop version for Enforcement Users is available via the Download Center in the FMCSA Portal (NOTE: State users should not download the version of eRODS on the public website), visit the ELD Field Resource Center (login required) for instructions. A web-based version is also available at ELD - Web eRODS (dot.gov). For assistance with eRODS, State users can contact ELDTech@dot.gov.

For more details on ELD compliance, please visit the FMCSA ELD web page at: ELD - Electronic Logging Devices (dot.gov).

https://eld.fmcsa.dot.gov/Enforcement/Resources https://eld.fmcsa.dot.gov/eRODS mailto:ELDTech@dot.gov https://eld.fmcsa.dot.gov/ https://eld.fmcsa.dot.gov/

Inspections play a critical role in addressing driver, vehicle, and public safety. Lead agencies need to maintain an effective and balanced inspection program as part of their MCSAP activities.

TAKE ACTION:

During the period of their multi-year CVSP, FMCSA calls on MCSAP lead agencies to:

• Produce a plan to reduce the number of serious CMV crashes, especially those in and around work zones, by 15%.

• Establish routine strike forces or other appropriate enforcement tactics to identify and address human trafficking, human smuggling, and drug interdiction in conjunction with CMV inspections.

• Provide necessary refresher training to MCSAP personnel on human trafficking.

• Provide necessary refresher training to MCSAP personnel on drug interdiction/ detection.

• Create targeted outreach and education campaigns promoting work zone safety, vulnerable road users, and high crash areas.

• Provide training to MCSAP personnel on identifying fraudulent CDLs.

• Produce a plan on how to advise the general public on ways to report suspected incidents of human trafficking/smuggling involving commercial vehicles.

• Identify and place out of operation at least 85% of OOS carriers with an Imminent Hazard and/or Unsatisfactory/Unfit order.

2. Crash Causal Factors Program (CCFP)

In response to IIJA/BIL requirements, the Crash Causal Factors Program (CCFP) was established to carry out a comprehensive study to identify factors contributing to crashes involving a CMV. Current data collections tend to focus on the survivability of crashes, but the CCFP will provide critical insights into causal factors contributing to these crashes, thereby enabling stakeholders to identify and develop appropriate countermeasures to reduce the occurrence of crashes involving CMVs. While FMCSA currently merges and analyzes available datasets to gain a more complete picture of crashes, no existing dataset adequately captures all important causal factors. The CCFP will fill this gap, and is a detailed crash data collection and analysis effort intended to:

1. Identify the key factors that contribute to crashes involving CMVs;

2. Inform countermeasures to prevent these crashes; and

3. Establish a foundation for continued data collection, sharing, and analysis.

The CCFP will leverage State and local jurisdiction data collection efforts and strengthen partnerships with external stakeholders such as the Commercial Vehicle Safety Alliance (CVSA). These partnerships will help FMCSA and the States further technology transfer; modernize existing systems, investigations, and enforcement processes; standardize data collection forms; and build upon best practices to improve and advance State and local jurisdiction data collection efforts on crashes involving CMVs.

Through the CCFP, FMCSA will execute a multiphase study of CMV crash causal factors. Phase 1, the Heavy-

Duty Truck Study, focuses on fatal crashes involving Class 7/8 trucks from a statistically representative sample of crashes in selected States. Future phases may target different vehicle types (such as medium-duty trucks) or crash severities (such as serious injury crashes).

As its findings will assist States in addressing their CMV crash risk, MCSAP recipients are encouraged to participate in the CCFP data collection and data sharing efforts. Planned activities could include crash data collection, post-crash inspections, post-crash investigations, and/or reconstruction analysis. FMCSA encourages States utilize analytical/technical support and authorizes it as a MCSAP eligible expense. This would include costs associated with gathering, analyzing, reporting, or sharing data and information (e.g., adding analytical staff or contract support to develop/execute the CVSP; sharing data/information with FMCSA and other MCSAP lead agencies). This could be done through direct hiring or through other means, such as a third-party contractor or an educational institution transportation research center. Whoever provides this support would be responsible of gathering, interpreting, and transmitting the State data to FMCSA in a standard format.

Additional equipment needed for this activity can be purchased subject to cost principles as defined in 2 CFR part 200, subpart E.

For more information about the CCFP, visit https://www.fmcsa.dot.gov/CCFP.

TAKE ACTION: Reduce Fatal CMV Crashes (NRSS Objectives: Safer People, Safer Vehicles, Safer Speeds, Safer Roads, Post-Crash Care)

TAKE ACTION:

During the period of their multi-year CVSP, FMCSA calls on MCSAP lead agencies to:

• Enhance the ability to determine crash causation factors.

• Review crash data/statistics and utilize it to engage in high-visibility efforts to combat the large number of CMV crashes and fatalities.

• States, particularly those included in the top 10 fatal crash list, must clearly indicate in the CVSP what they are doing to reduce fatal crashes.

3. Traffic Enforcement

Many preventable crashes result from illegal or unsafe driver behavior, such as speeding, distracted driving, driving under the influence of drugs or alcohol, or following too closely. State inspection programs and highly visible traffic enforcement activities, especially in areas identified as high-risk crash corridors, have proven to have a positive impact on the safe operation of CMVs, as well as compliance with core safety programs for both motor carriers and drivers.

Traffic enforcement activities may encompass CMVs (including vehicles operating in foreign commerce) and/or non-CMVs, and are eligible under the MCSAP Grant, if approved in the applicable grant agreement. Activities may include:

• CMV traffic enforcement associated with an inspection;

https://www.fmcsa.dot.gov/CCFP

• CMV traffic enforcement without an accompanying inspection resulting from an observed unsafe driver behavior; and

• Non-CMV traffic enforcement to promote the safe operation in and around CMVs.

To be eligible for reimbursement of non-CMV traffic enforcement activities, the State must maintain the number of motor carrier safety activities at a level at least equal to the average level of such activities in FYs 2014 and 2015 (not to be confused with a State’s Maintenance of Effort requirement). FMCSA has calculated these activities by utilizing the volume of CMV safety inspections (including border inspections), New Entrant Safety Audits, and carrier investigations conducted during this period. This information will be included in the eCVSP Tool.

As required under 49 USC 31102(h), documented and reported traffic enforcement of non-CMVs operating unsafely around CMVs is subject to the 10% statutory limit of MCSAP formula funding, unless otherwise justified and approved. States that wish to spend more than 10% of their MCSAP funding on non-CMV traffic enforcement must provide additional justification to support this request within their CVSP for review and approval by FMCSA.

Please note that while there is a 10% funding limit on traffic enforcement of non-CMVs operating unsafely around CMVs (absent an approved exception), there is no statutory funding limitation on CMV traffic enforcement, with or without an inspection. And FMCSA encourages States to focus efforts on CMV traffic enforcement to reduce crashes associated with speeding, distracted driving, and use of drugs and/or alcohol.

As a reminder, States must provide specific data in their quarterly performance reports detailing traffic enforcement activities not associated with a CMV inspection. This allows FMCSA to strengthen traffic enforcement programs nationwide and enables better tracking of grant fund expenditures, as well as more accurate and efficient reporting to Congress on traffic enforcement activities. Please refer to the MCP, Section 7.10, for details on reporting requirements.

Consistent with the NRSS objectives of safer people, safer vehicles, and safer speeds, MCSAP lead agencies are strongly encouraged to outline in the traffic enforcement section of their CVSP how they will use data to tailor strategies to address driver behavior. The most recent national data indicates that the overall roadside “catch rate” for drivers prohibited from operating under FMCSA’s Drug and Alcohol Clearinghouse (DACH) regulations is slightly over 60%. The average catch rate for motor carriers operating in violation of an OOS order is around 80%. Traffic enforcement efforts are an effective means to increase these rates and identify and remove more of these drivers from operation.

Within the traffic enforcement section of the CVSP, MCSAP lead agencies will continue to identify the forms of traffic enforcement they will be implementing (CMV with inspection, CMV without inspection, etc.), as well as describe the efforts they will take to address driver behaviors relating to:

• Excessive speed;

• Work zone safety;

• Impaired driving;

• Distracted driving – cell phone usage and texting;

• Occupant/driver restraint;

• Driver fatigue;

• Prohibited operation – DACH and Federal OOS violations; and

• Other areas, including days and times, as identified by the State.

Lead agencies should also identify in their CVSP how these efforts have changed, compared to previous years, with the increased funding provided via the BIL.

a. Work Zone Safety SPECIAL EMPHASIS

CMV crashes in construction work zones are a major safety focus for FMCSA. Narrow lanes, shifting traffic patterns, sudden stops, and other factors present in these areas pose special challenges to large trucks and buses, which continue to be overrepresented in fatal and serious injury crashes in roadway construction and work zones. According to the National Highway Traffic Safety Administration (NHTSA) crash statistics, more than 33% of work zone fatal crashes in 2021 involved at least one large truck.

Source: National Highway Traffic Safety Administration (NHTSA) Fatality Analysis Reporting System [FARS]

FMCSA strongly encourages States to place special emphasis on work zone crashes by targeting CMVs, and non-CMV traffic in the immediate vicinity of CMVs, operating in an unsafe manner.

These activities should incorporate appropriate enforcement efforts within work zones and the congested areas immediately before and after these areas. States should clearly identify the locations of such activities in their CVSP and include updates on efforts and progress in quarterly reports. Note that the above limitations on non-CMV traffic enforcement still apply.

Visit Commercial Motor Vehicle (CMV) Safety in Work Zones – FHWA Work Zone (dot.gov) for more information.

b. Vulnerable Road Users SPECIAL EMPHASIS

Vulnerable road users (VRUs), such as pedestrians, cyclists, and people who use wheelchairs, accounted for approximately 20% of the 42,915 people who were killed in motor vehicle crashes in 2021, an increase of 13% over 2020, according to NHTSA. In 2021, 668 of the 8,349 reported VRU fatalities involved a CMV, with nearly 70% occurring in urban areas.

In keeping with the NRSS approach of reinforcing multiple layers of protection to both prevent crashes from happening in the first place, and minimize the harm caused to those involved when crashes do occur, FMCSA strongly encourages States to reference their data resource to determine where such crashes occur and include the safety of VRUs in their planning. This would include increased awareness efforts, as well as targeting CMVs, and non-CMV traffic in the immediate vicinity of CMVs, operating in an unsafe manner whenever and wherever VRUs are most likely to be present.

For CMV-related crash data and VRUs, see the following tables in FMCSA’s annual Large Truck and Bus Crash Facts 2021 (LT&BCFS) publication:

1. Trends Table 14. Non-motorists and Vehicle Occupants Killed in Large Truck Crashes, 1975-2021

2. People Table 17. Vehicles Involved, Persons Involved, and Persons Killed in Fatal Large Truck Crashes, 2021

3. People Table 18. Vehicles Involved, Persons Involved, and Persons Killed in Fatal Bus Crashes, 2021

4. People Table 19. Pedestrians and Bicyclists Killed in Large Truck, Bus, and All Crashes, 2019-2021

TAKE ACTION: Traffic Enforcement (NRSS Objectives: Safer People, Safer Vehicles)

Traffic enforcement efforts impact the safe operation of CMVs, as well as compliance with core safety programs for both motor carriers and drivers. MCSAP lead agencies should detail in the CVSPs how they will tackle the actions below.

TAKE ACTION:

During the period of their multi-year CVSP, FMCSA calls on MCSAP lead agencies to:

• Increase CMV traffic enforcement efforts combined with an inspection by at least 10% from the previous year.

https://ops.fhwa.dot.gov/wz/cmv_safety/index.htm https://www.fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts-2021 https://www.fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts-2021 https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2023-11/21T14.xlsx https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2023-11/21T14.xlsx https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2023-11/21P17.xlsx https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2023-11/21P17.xlsx https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2023-11/21P18.xlsx https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2023-11/21P18.xlsx https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2023-11/21P19.xlsx https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2023-11/21P19.xlsx

4. New Entrant Safety Audits and Motor Carrier Investigations

a. New Entrant Safety Audits

New motor carriers seeking to operate in interstate commerce are subject to a New Entrant Safety Audit as defined under 49 CFR part 385, subpart D. FMCSA continues to experience record numbers of new motor carrier registrations. Expanding the number of New Entrant Safety Audits and carrier investigations reduces the number of unsafe carriers and drivers operating on the Nation’s roadways. These audits provide educational and technical assistance on safety and the operational requirements of the Federal Motor Carrier Safety Regulations (FMCSRs) and Federal Hazardous Materials Regulations (HMRs), as applicable. In addition, these safety audits gather critical safety data needed to assess the carrier's safety performance and basic safety management controls.

New entrant safety audits may be conducted using various methods, which include but are not limited to:

1. The new entrant’s principal place of business;

2. An agreed-upon location;

3. Group safety audits; and

4. Offsite, provided that program requirements are met.

As a requirement for participation in MCSAP, States must have a robust interstate New Entrant Safety Audit program that allows them to meet the requirements for completion of safety audits and to address and prevent overdue audits. Intrastate New Entrant Safety Audits are an eligible MCSAP expense at the State’s discretion; however, States must prioritize interstate new entrant inventory to prevent overdue interstate safety audits. The optional intrastate safety audit program must not have a detrimental impact on the MCSAP-required interstate safety audit program.

Territories, including Puerto Rico, are exempt from the New Entrant Safety Audit requirements.

A State may authorize a third party, by sub-award or contract, to conduct safety audits on its behalf provided the State verifies and oversees the quality of the work conducted. The State will remain solely responsible for the management and oversight of all New Entrant Program activities.

Despite the MCSAP requirement, the backlog of new entrant carriers awaiting safety audits has

• Increase the percentage of DACH prohibited drivers identified at roadside by 15% (to meet or exceed national goal of 85%detection by FY 2025).

• Increase the percentage of OOS carriers identified and detained by 10% (to meet or exceed national goal of 85% detection by FY 2025).

• Increase the use of high visibility traffic enforcement to reduce crashes in high-crash corridors.

increased dramatically over the past two years. At the same time, new entrant carriers continue to be overrepresented in crashes and have higher crash rates overall if one or more of the Behavior Analysis and Safety Improvement Categories (BASICs) have a high percentile.

In addition to safety-based Interventions at the carrier level, New Entrant Safety Audits provide an opportunity for States to identify potential issues with CMV operators, such as incomplete/improper hours of service compliance, proper licensure, and operational status via the DACH.

MCSAP lead agencies should continue to ensure that adequate resources are being allocated for interstate New Entrant Safety Audits. FMCSA will assess the degree of resources allocated for this task, in comparison to the State’s new entrant and new entrant overdue inventory, when reviewing the CVSP.

b. Motor Carrier Investigations

Investigations are on- or off-site examinations of a motor carrier’s operation to determine whether it is compliant with the FMCSRs (or State laws and regulations compatible with the FMCSRs) and the Federal HMRs. An investigation may be initiated based on compliance issues with the company’s safety management controls, complaints against the carrier, and/or in instances where a carrier poses an imminent threat to public safety.

Eligible investigation activities include the examination of a motor carrier’s transportation and safety records, training requirements, controlled substance and alcohol program, commercial driver’s license (CDL) records, financial responsibility (insurance), HOS, and inspection and maintenance programs.

In addition to New Entrant Safety Audits, MCSAP lead agencies are strongly encouraged to utilize grant funding to increase the number of carrier investigations conducted within their jurisdiction. While several MCSAP participants engage in interstate and/or intrastate investigations, a large number of risk-based carriers in need of intervention continue to be identified each year.

FMCSA has identified approximately 73,000 carriers (including new entrants) classified under its risk-based criteria as potential investigation targets. The most recent Safety Measurement System (SMS) effectiveness report provided critical information emphasizing the high crash risk posed by these carriers. For example, the group of carriers that SMS identified in just the “Risk 1” category had a crash rate that was 40% higher than the group of carriers not identified for intervention. Please see the table below for additional information on the high crash threat posed by these carriers.

Prioritized Carrier Risk Category and Crash Rates

Prioritized Carrier Risk Category

Highest Risk Category for Prioritized Carriers Over Past 12 Months*

Crash Rate (Crashes per 100 PUs) for 24

Months

Percent Increase in Crash Rate

Compared to National

Average (4.99)**

(Jul. 2022 – Jun. 2023) (Jul. 2021 – Jun. 2023) High-Risk 3,356 16.17 229%

Moderate Risk (ALL) 15,078 10.73 119%

Moderate-Risk 1 2,770 12.15 147%

Moderate Risk 2 12,308 10.14 107%

Risk (ALL) Risk 1 54,861 6.16 25%

Risk 2 43,509 6.88 40%

Risk 3 2,128 3.73 -24%

*Carriers were counted once based on the highest risk category they achieved during this 12-month period.

**The national crash rate over the two-year period of July 2021 – June 2023 is 4.91.

Data Source: For Prioritized Carriers: Motor Carrier Management Information System (MCMIS) snapshots: July 2021 through June 2023; Crashes: MCMIS snapshot

For investigations, lead agencies are strongly encouraged to dedicate resources to address risk-based carrier compliance reviews/investigations within their FY 2025 CVSP. This includes utilizing MCSAP funds to increase the number of trained and certified investigation personnel.

TAKE ACTION: New Entrant Safety Audits and Motor Carrier Investigations

Expanding the number of New Entrant Safety Audits and carrier investigations reduces the number of unsafe carriers and drivers operating on the Nation’s roadways.

TAKE ACTION:

During the period of their multi-year CVSP, FMCSA calls on MCSAP lead agencies to:

• Increase the number of new entrant carriers audited by 15% to aid in the removal of high-risk companies from operation.

• Develop and implement a plan to reduce all overdue New Entrant Safety Audits within their jurisdiction to zero.

• Increase the number of interstate carrier investigations by 20%.

• Dedicate, or expand, the number of State personnel conducting investigations.

5. Hazardous Materials Safety

According to the latest statistics from the Pipeline and Hazardous Materials Safety Administration (PHMSA), there are over 1.2 million hazardous materials (HM) shipments introduced into transportation every day, which translates into 1.6 billion tons of HM transported annually across all modes. With the volume of HM moved, and over 146,000 HM motor carriers registered with FMCSA, the possibility of HM incidents occurring is of major concern, especially considering that transportation by highway mode accounts for most incidents reported year-over-year.

The transportation of HM is inherently risky due to the nature of the commodities transported. This inherent risk increases the chance of fatalities, injuries, and extensive property damage when a hazardous materials crash or incident occurs. Driver, vehicle, and motor carrier management initiatives remain central to the underlying causes of crashes; however, crashes coupled with the transportation of HM increase risk exponentially and severely decrease survivability. FMCSA’s revised National HM Program Plan uses HM safety data to identify specific HM priorities and risks that should be focused on to reduce crashes, injuries, and fatalities on the Nation’s highways.

Implementing the following strategies will mitigate the risks associated with the transportation of hazardous materials.

a. Driver and Vehicle Inspections

In recent years, there has been a downward trend in the number of HM inspections. FMCSA requests that States continue to emphasize HM inspections within their overall State safety program, with focused enforcement of HM driver and vehicle regulations. Moreover, States should increase HM inspections in corridors where data indicates high concentrations of HM transportation, crashes, and/or incidents. Emphasis should be placed on compliance and enforcement plans that incorporate recurring roadside enforcement in specific areas of concentration to improve HM driver and vehicle compliance with the HMRs and FMCSRs.

b. Traffic Enforcement

Either alone or in combination, speed and distracted driving can have deadly consequences. The presence of HM adds to the severity of crashes and complicates the emergency response.

Therefore, FMCSA requests that States increase traffic enforcement activities that focus on these behaviors exhibited by drivers transporting placarded amounts of HM. Through stepped-up traffic enforcement, States can decrease crashes and incidents, especially those involving HM, which will result in fewer deaths and injuries and less property damage associated with HM transportation.

c. Compliance Review/Investigation

The FMCSA National HM Program Plan seeks to emphasize focused enforcement plans that incorporate recurring roadside and onsite enforcement in areas of concentration for the specific purpose of improving compliance with the HMRs. The Plan calls out a specific area of emphasis, titled “MCSAP HM Engagement.” FMCSA’s HM Division will work with the State Programs Division, Service Centers, and Division Offices to seek an increase of HM inspections and investigations where HM data indicates a high concentration of HM movements and high HM crashes and incident corridors.

d. Hazardous Materials Safety Permits (HMSP)

Less than 1,000 interstate and intrastate HM motor carriers in the United States hold Hazardous Materials Safety Permits (HMSP). These motor carriers, identified in 49 CFR 385.403, must observe a higher safety standard due to the types and quantities of HM transported. FMCSA requests that States emphasize proper identification and oversight of HMSP carriers, especially those that are identified as intrastate, during inspections and investigations.

As 49 CFR 350.207(a)(28) states, “Ensure that the State will cooperate in the enforcement of hazardous materials safety permits issued under subpart E of part 385 of this subchapter by verifying possession of the permit when required while conducting vehicle inspections and investigations, as applicable.” FMCSA requests that State personnel who are trained and certified to conduct intrastate HM investigations perform investigations of HM motor carriers identified as either holding or needing to hold an HMSP. Both interstate and intrastate HM motor carriers pose the same risks when transporting the types and quantities of HM requiring an HMSP.

e. Undeclared Hazardous Materials

Transportation of undeclared HM by highway poses a threat to the public, enforcement personnel, emergency responders, and the environment. Therefore, FMCSA requests that during roadside inspections, inspectors pay particular attention to the possible presence of undeclared HM. When found, FMCSA further requests that States report such incidents to FMCSA by emailing FMCSA.UndeclaredHM@dot.gov. Once received, FMCSA will coordinate with PHMSA to further investigate and educate the shipper of the undeclared HM.

f. Concentration on Hazardous Materials Motor Carriers in Intrastate Operations Having High HM Out-of-Service Rates and/or Crash BASIC in Alert Status

The FMCSA’s HM Program Plan has identified another specific area of emphasis that will help mitigate the increase in crashes and incidents; it is titled “Intrastate HM Motor Carriers.” There exists the possibility of intrastate operations transporting HM that contribute to high HM OOS rates and increased risks associated with the transportation of HM within respective States.

Where data signifies or supports HM OOS rates higher than 10%, FMCSA requests that States concentrate resources and perform HM investigations and HM roadside inspections of intrastate HM motor carriers. The HM OOS rate information is available in the ACE - Activity Center for Enforcement (dot.gov).

g. Cargo Tank Facility Reviews (CTFR)

Cargo tank facilities (CTF) are entities that manufacture, repair, and inspect specification cargo tanks and cargo tanks built and operated under PHMSA Special Permits. Presently, approximately 3,500 fixed and mobile facilities are registered with FMCSA and less than 100 per year are reviewed. Oversight of these facilities is necessary to ensure that cargo tanks are built to the required specifications, repaired correctly, and maintained according to the requirements in 49 CFR part 180. Therefore, FMCSA requests that States train MCSAP inspectors with the intent of gaining certification to conduct CTFRs.

h. Working with the States to Improve HM Safety

FMCSA’s Hazardous Materials Division and its associated Hazardous Materials Technical Expertise and Advisory Members (HM TEAM) are committed to HM’s safe and secure transportation. Regardless of whether the HM transportation is in interstate or intrastate commerce, FMCSA reserves the right to work with the States to provide support relative to HM transportation and assist States in emphasizing and increasing HM compliance activities to improve the State’s overall safety program.

mailto:FMCSA.UndeclaredHM@dot.gov https://csa.fmcsa.dot.gov/Tools/ https://csa.fmcsa.dot.gov/Tools/

TAKE ACTION: Hazardous Materials Safety

Increase the number of HM safety activities and inspectors certified to conduct HM inspections and CTFRs to lower crash rates and mitigate the risks associated with the transportation of HM.

TAKE ACTION:

During the period of their multi-year CVSP, FMCSA calls on MCSAP lead agencies to:

• Increase HM inspections:

o At entry points into the United States from Mexico to ensure compliance with HMRs.

o Where HM data indicates a high concentration of HM movements.

o In high HM crashes and incident corridors.

• Increase traffic enforcement activities that focus on speed and distracted driving exhibited by drivers transporting placardable amounts of HM.

• Encourage trained and certified personnel to conduct intrastate HM investigations of HM motor carriers identified as either holding or needing to hold an HMSP.

• Ensure roadside inspectors pay attention to the possible presence of undeclared HM.

• Where data shows HM OOS rates higher than 10%, perform HM investigations and HM roadside inspections of intrastate HM motor carriers.

• Encourage MCSAP inspectors to complete training and certification needed to conduct CTFRs.

6. CMV Safety Programs Focusing on International Commerce in Border States

As outlined in 49 USC 31102(c)(2)(AA), if a State shares a land border with another country, the State may conduct a border CMV safety program…