Motor Carrier Safety Assistance

The Motor Carrier Safety Assistance Program (MCSAP) is a Federal formula grant program that provides financial assistance to States to reduce the number and severity of crashes and hazardous materials incidents involving commercial motor vehicles (CM

The goal of the Federal Motor Carrier Safety Administration's (FMCSA) 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 § 350.105) motor carrier, CMV, and driver safety laws, regulations, standards, and order; and (4) Assessing and improving State-wide performance of motor carrier, CMV, and driver safety by setting program goals and meeting performance standards and measures.

All 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, are eligible for MCSAP. The MCSAP grants are provided annually to the State's MCSAP lead agency. A MCSAP lead agency is designated by the Governor as the State motor vehicle safety agency responsible for administering the Commercial Vehicle Safety Plan (CVSP) within the State. The CVSP is also known in statute and regulation as the "Plan" and serves as the MCSAP grant program application, project plan, and budget.

Under the Basic and Incentive grant programs, a State lead MCSAP agency, as designated by its Governor, is eligible to apply for Basic and Incentive grant funding by submitting a commercial vehicle safety plan (CVSP), in accordance with the provisions of Title 49 of the Code of Federal Regulations (CFR) Part 350.201 and 205.

The primary MCSAP activities eligible for reimbursement include the National Program Elements currently outlined in 49 CFR § 350.109: 1. Driver and Vehicle Inspections; 2. Traffic Enforcement; 3. Compliance Reviews, Carrier Interventions, Investigations, and New Entrant Safety Audits; 4. Public Education and Awareness; 5. Data Collection Part 350 is currently being revised to include changes required by the FAST Act. Additional elements will include: 1. New entrant safety audits, 2. Border enforcement activities; 3. Data Quality; 4. PRISM; 5. ITD (operations and maintenance only) Other activities eligible for reimbursement to enforce other laws include: Sanitary food transportation inspections performed under 49 U.S.C. § 5701; and the following activities, when carried out in conjunction with an appropriate North American Standard (NAS) inspection of a CMV and inspection report: Enforcement of CMV size and weight limitations at locations, excluding fixed-weight facilities, such as near steep grades or mountainous terrains, where the weight of a CMV can significantly affect the safe operation of the vehicle, or at ports where intermodal shipping containers enter and leave the United States. Detection of and enforcement actions taken as a result of criminal activity; including trafficking of human beings, in a CMV or by any occupant, including the operator, of the CMV. For documented enforcement of State traffic laws and regulations designed to promote the safe operation of CMVs. This includes documented enforcement of such laws and regulations relating to non-CMVs when necessary to promote the safe operation of CMVs, if (1) the number of motor carrier safety activities (including roadside safety inspections) conducted in the State is maintained at a level at least equal to the average level of such activities conducted in the State in fiscal years 2004 and 2005; and 2) A State may not use more than 10% of the amount of MCSAP Basic funds the State receives for enforcement activities relating to non-CMVs necessary to promote the safe operation of CMVs unless the FMCSA Administrator determines that a higher percentage will result in significant increases in CMV safety.

The funds obligated to a State will remain available for the rest of the fiscal year in which they were obligated and the next full fiscal year. The State must account for any prior year's unexpended funds in the annual Commercial Vehicle Safety Plan (CVSP). Funds must be expended in the order in which they are obligated.

In accordance with 49 U.S.C. § 31102(i) and grant/financial management requirements in 2 CFR part 200, each CVSP receives a fair, equitable and objective review prior to award approval. This review ensures that applicable statutory and regulatory requirements will be met and allowable CVSP projects and activities will succeed. The CVSP review process generally consists of a review in the following areas: 1) Application Review. The FMCSA reviews the CVSP and all supplemental attachments (e.g., forms and certifications) for completeness and to ensure that the MCSAP lead agency meets the basic eligibility requirements defined in the solicitation (notice of funding availability); 2) Programmatic Review. The FMCSA reviews the CVSP to make sure that the information presented is reasonable and understandable and the activities proposed in the application are measurable, achievable, and consistent with program or legislative requirements. The FMCSA evaluates the CVSP against the performance-based information required in accordance with 49 CFR § 350.213.; 3) Financial Review. The FMCSA evaluates the fiscal integrity and financial capability of a MCSAP lead agency, and reviews the CVSP details, including the budget and budget narrative, and any other documentation to examine costs for proposed project/program activities to determine if are they appear reasonable, necessary, eligible and allowable for award. Note that approval of the CVSP is not a final approval of costs as defined in accordance with 2 CFR part 200 Subpart E (Cost Principles); and 4) Suitability Review in accordance with 2 CFR § 200.205 is discussed in more detail in Chapter 7.3.

90-120 days of the submission deadline (subject to availability of funds) or as soon thereafter as administratively practicable.

The Lead State Agency must submit the first year of the CVSP, or the annual updates, to FMCSA by the date prescribed in the MCSAP application announcement for the fiscal year (49 CFR 350.209(b)(1)). The deadline may, for good cause, be extended by the Division Administrator/State Director for no more than 30 calendar days.

The FMCSA will notify the State, in writing, within 30 days of receipt of the Commercial Vehicle Safety Plan (CVSP) whether: (1) the plan is approved; (2) Approval of the plan is withheld because the CVSP does not meet the requirements, or is not adequate to ensure effective enforcement of the FMCSRs and HMRs or compatible State laws and regulations, (a) If approval is withheld, the State will have 30 days from the date of the notice to modify and resubmit the plan, or (b) disapproval of a resubmitted plan is final.

Renewals to standard assistance agreements, if any, will be in the form of a new grant with a new grant number.

In accordance with the provisions set forth in 49 CFR Part 350.207, any State aggrieved by an adverse decision may seek judicial review under 5 U.S.C. Chapter 7.