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
MCSAP Planning Meeting and Grants Training – 2017
MCSAP Planning Meeting and Grants Training – 2017
– FAST Requirements
– Regulatory Requirement Overview
– MCSAP Policy Requirements
4/7/2017 2
MCSAP Planning Meeting and Grants Training – 2017
“…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…”
3
MCSAP Planning Meeting and Grants Training – 2017
4
MCSAP Planning Meeting and Grants Training – 2017
– Reiterated in 49 CFR 350.107
– All States – D.C., Puerto Rico, Northern Mariana Islands, American Samoa, Guam, Virgin Islands
– States – Local governments – Federally recognized Indian tribes – Other political jurisdictions or any person
5
MCSAP Planning Meeting and Grants Training – 2017
49 CFR 350.109
National Training Center 6
MCSAP Planning Meeting and Grants Training – 2017
173, 177, 178, 180)
deployment and maintenance of technology
National Training Center 7
MCSAP Planning Meeting and Grants Training – 2017
recordkeeping, inspections, and investigations
inspections with a current CVSA decal
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
collection and information systems with the agency that develops and implements the State Strategic Highway Safety Program
information technology and data systems
enforcement of State and local traffic laws related to CMV safety
National Training Center 9
MCSAP Planning Meeting and Grants Training – 2017
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
complete and timely CMV data is collected and reported through SafetyNet
National Training Center 10
MCSAP Planning Meeting and Grants Training – 2017
the scope of the registration/operating authority
the safety of drivers and inspectors
information on best practice for driving around one another
National Training Center 11
MCSAP Planning Meeting and Grants Training – 2017
enforcement and CMV safety inspections in high risk locations and corridors
bus station, terminal, border crossing, maintenance facility, destination or planned stop locations except weigh stations unless there is an imminent or obvious safety hazard
Federal exemption granted and provided to the State by FMCSA
National Training Center 12
MCSAP Planning Meeting and Grants Training – 2017
Audits
– May use third party – State responsible for management, oversight and quality
(level six)
conduct a border CMV safety program focusing on international commerce
National Training Center 13
MCSAP Planning Meeting and Grants Training – 2017
synonyms and used interchangeably by FMCSA
Agency for CMV safety programs equal to the average level of the expenditures for the federal fiscal years 2004 and 2005
– Federal funds expended – State matching funds expended
National Training Center 14
MCSAP Planning Meeting and Grants Training – 2017
– 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
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
show a significant increases in CMV safety.
16
MCSAP Planning Meeting and Grants Training – 2017
– 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.
numbers, provide your analysis with data to show your need.
17
MCSAP Planning Meeting and Grants Training – 2017
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
alter the SMS scores?
requires FMCSA visit every passenger carrier every three years?
18
MCSAP Planning Meeting and Grants Training – 2017
inspection.
an inspection when necessary to promote the safe
described below).
activities in high risk locations and/or corridors.
FHWA, DOJ)
19
MCSAP Planning Meeting and Grants Training – 2017
documented traffic enforcement against non-CMVs has several requirements:
–
–
audits, etc.) conducted by the State is maintained at a level at least equal to the average for FYs 2004 and 2005; –
enforcement unless FMCSA determines that a higher percentage will result in significant increases in CMV safety; –
provided to FMCSA; and –
beings, in CMV or by any occupant, including the operator is allowed as long as the previous requirements are met.
the MCSAP Basic funding amount received. For example, if a State receives a $1,000,000 Basic grant (Federal share), the State could request reimbursement for no more than $100,000 of the costs for documented traffic enforcement against non-CMVs.
quarterly performance progress report.
20
MCSAP Planning Meeting and Grants Training – 2017
approved grant project cost for expenditures associated with
activities.
limitation, FMCSA will consider such requests in the CVSP approval process if the State provides adequate written justification to FMCSA in the annual CVSP.
after the CVSP is approved by FMCSA, the State must submit a budget amendment request in accordance with the procedures
21
MCSAP Planning Meeting and Grants Training – 2017
– Grantees may apply for O&M costs associated with ITD (or PRISM) projects that entail routine maintenance (e.g. server host fees), standard operation (e.g. renewal of software license), preventative care and servicing to maintain current functional levels of systems and to avoid failures before they develop into major defects. – States may also apply for O&M to identify and correct faults that once addressed will allow the item to be restored to an operational condition. – Activities that do not require detailed technical knowledge of an item’s function and design (e.g., inspecting, cleaning, servicing) may also be requested under O&M. – States may also apply for ongoing O&M for memberships, fees, dues, program travel, and other related program costs that maintain or support related projects or activities.
22
MCSAP Planning Meeting and Grants Training – 2017
– FMCSA allows ITD grant funding for ongoing Operation and Maintenance (O&M) costs associated with ITD deployment projects that maintain and repair real property, or a system, based on its current status and abilities. – O&M costs may also include memberships, fees, dues, program travel, and other related program costs that maintain or support deployment activities, as defined previously in section 5.2.
23
MCSAP Planning Meeting and Grants Training – 2017
– Border enforcement expenditures – New Entrant expenditures
– For one fiscal year – State must explain why a waiver or modification is needed
National Training Center 24
MCSAP Planning Meeting and Grants Training – 2017
eligible costs
used for MOE or as a match for another federal grant
National Training Center 25
MCSAP Planning Meeting and Grants Training – 2017
– Yes – Compatible – No – Intrastate – see 350.341 – No – Interstate – Less stringent – cannot enforce – No – Interstate – more stringent – authorized if the State can demonstrate this law or regulation has a safety benefit or does not create an undue burden on interstate commerce (see Part 355)
26
MCSAP Planning Meeting and Grants Training – 2017
from approval or withhold MCSAP funds (see 350.215) when:
– State has compatible laws and rules then enacts a law or rule that is incompatible – State fails to adopt new FMCSR or HMR within 3 years of its effective date – A finding by FMCSA that a State law, rule or enforcement practice in interstate or intrastate commerce is incompatible
referred to PHMSA of the DOT before proceeding
27
MCSAP Planning Meeting and Grants Training – 2017
than 26,000 lbs. unless
– HM requiring a placard – Designed or used to transport 16 or more people including the driver
type (e.g. for-hire, private, etc.)
are still in affect and apply to specific industries
28
MCSAP Planning Meeting and Grants Training – 2017
motor carrier or driver operates from the work reporting
150 miles.
– 12 hour driving limit with 16 hours on duty – 70 hours in 7 days or 80 hours in 8 days
29
MCSAP Planning Meeting and Grants Training – 2017
– May drive if don’t meet 391.41 if meet all three:
adopted FMCSR 391.41
worsened
– State may grant medical or physical variances under State’s equivalent to 391.41 – May decide to not adopt their own registry of medical examiners for intrastate commerce ( use FMCSAs)
30
MCSAP Planning Meeting and Grants Training – 2017
discouraged by FMCSA
industry affected, number of vehicles, miles traveled, number
31
MCSAP Planning Meeting and Grants Training – 2017
foreign and domestic markets
32
MCSAP Planning Meeting and Grants Training – 2017
– Achieves substantially the same purpose as the similar Federal regulation – Does not apply to interstate commerce – Is not likely to have an adverse impact on safety
33
MCSAP Planning Meeting and Grants Training – 2017
(conditions to qualify)
– FMCSA Administrator sends letter to Governor or other designated official – The letter lists the reasons for the determination – State has 30 days to reply specifically addressing each deficiency or incompatibility cited in the letter
National Training Center 34
MCSAP Planning Meeting and Grants Training – 2017
FMCSA systems, rules, etc.)
– Coordinate with Lead Agency – Prepare an application that is responsive to the NOFA – Certify they have the legal authority, resources and personnel to do what is proposed – Designate the person, primary contact, for implementing, reporting, administering the project
National Training Center 35
MCSAP Planning Meeting and Grants Training – 2017
36