State Certification

PRA-2126-0010.State Cert.Renewal.112007.pdf

Motor Carrier Safety Assistance Program (MCSAP)

State Certification

OMB: 2126-0010

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STATE CERTIFICATION
I (name), (title), on behalf of the State (or Commonwealth) of (State), as requested by the
Administrator as a condition of approval of a grant under the authority of 49 U.S.C. 31102, as
amended, do hereby certify as follows:
1. The State has adopted commercial motor carrier and highway hazardous materials safety
rules and regulations that are compatible with the FMCSRs and the HMRs.
2. The State has designated (name of State CMV safety agency) as the lead agency to
administer the CVSP for the grant sought and (names of agencies) to perform defined
functions under the plan. These agencies have the legal authority, resources, and qualified
personnel necessary to enforce the State’s commercial motor carrier, driver, and highway
hazardous materials safety laws or regulations.
3. The State will obligate the funds or resources necessary to provide a matching share to the
Federal assistance provided in the grant to administer the plan submitted and to enforce the
State’s commercial motor carrier safety, driver, and hazardous materials laws or regulations
in a manner consistent with the approved plan.
4. The laws of the State provide the State’s enforcement officials right of entry and inspection
sufficient to carry out the purposes of the CVSP, as approved, and provide that the State will
grant maximum reciprocity for inspections conducted pursuant to the North American
Standard Inspection procedure, through the use of a nationally accepted system allowing
ready identification of previously inspected CMVs.
5. The State requires that all reports relating to the program be submitted to the appropriate
State agency or agencies, and the State will make these reports available, in a timely manner,
to the FMCSA on request.
6. The State has uniform reporting requirements and uses FMCSA designated forms for record
keeping, inspection, and other enforcement activities.
7. The State has in effect a requirement that registrants of CMVs declare their knowledge of the
applicable Federal or State CMV safety laws or regulations.
8. The State will maintain the level of its expenditures, exclusive of Federal assistance, at least
at the level of the average of the aggregate expenditures of the State and its political
subdivisions during State or Federal fiscal years 1997, 1998, and 1999. These expenditures
must cover at least the following four program areas, if applicable:
(a)
Motor carrier safety programs in accordance with 49 CFR 350.301.
(b)
Size and weight enforcement programs.
(c)
Traffic safety.
(d)
Drug interdiction enforcement programs.
9. The State will ensure that CMV size and weight enforcement activities funded with MCSAP
funds will not diminish the effectiveness of other CMV safety enforcement programs.

10. The State will ensure that violation fines imposed and collected by the State are consistent,
effective, and equitable.
11. The State will ensure it has a program for timely and appropriate correction of all violations
discovered during inspections conducted using MCSAP funds.
12. The State will ensure that the CVSP, data collection, and information systems are
coordinated with the State highway safety program under title 23, U.S. Code. The name of
the Governor’s highway safety representative (or other authorized State official through
whom coordination was accomplished) is ____________(Name).
13. The State participates in SAFETYNET and ensures information is exchanged with other
States in a timely manner.
14. The State has undertaken efforts to emphasize and improve enforcement of State and local
traffic laws as they pertain to CMV safety.
15. Ensure that MCSAP agencies have departmental policies stipulating that roadside
inspections will be conducted at locations that are adequate to protect the safety of drivers
and enforcement personnel.
16. The State will ensure that requirements relating to the licensing of CMV drivers are
enforced, including checking the status of CDLs.
17. The State or local recipient of MCSAP funds will certify that it meets the minimum Federal
standards set forth in 49 CFR part 385, Subpart C, for training and experience of employees
performing safety audits, compliance reviews, or driver/vehicle roadside inspections.
18. The State will enforce registration requirements under 49 U.S.C. 13902; 49 CFR Parts 356
and 365; and 49 CFR 392.9(a) by placing out of service a vehicle discovered to be operating
without registration or beyond the scope of its registration. In the absence of appropriate
authority to enforce such registration requirements, the State will demonstrate that it has
made substantial progress toward obtaining legislative authority consistent with 49 CFR
350.331(d) to allow enforcement as soon as possible.
19. The State will enforce financial responsibility requirements under 49 U.S.C. 13906, 31138,
31139, and 49 CFR Part 387. In the absence of appropriate authority to enforce such
insurance requirements, the State will demonstrate that it has made substantial progress
toward obtaining legislative authority consistent with 49 CFR 350.331(d) to allow
enforcement as soon as possible.

Date: ________________________
Signature: _____________________________________


File Typeapplication/pdf
Authorbsimmons
File Modified2007-11-20
File Created2004-06-03

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