MCSAP commercial vehicle safety plan FY 2010 [2010]

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
CONTENTS
Mission and Goal Statement ..........................................................................................1 Executive Summary ......................................................................................................2 State CMV Safety Program Objectives...........................................................................10
CMV Crash Reduction............................................................................................. .11 CMV Safety Improvement....................................................................................... ...13 Passenger Transportation Safety............................................................................... .15 CMV Safety Data Quality.......................................................................................... 16 National CMV Safety Program Element Objectives...........................................................18 Driver/Vehicle Inspections..........................................................................................19 Traffic Enforcement ..................................................................................................22 Compliance Reviews ................................................................................................25 Public Education and Awareness ............................................................................ 27 Data Collection ........................................................................................................29 State Specific Program Element.............................................................................. 30 Financial Management..................................................................................................32
Financial Summary ............................................................................................33 Line-Item Budget ...............................................................................................34 Equipment Description .......................................................................................35 MOE Calculation Verification Report .....................................................................37 Grant & Certifications Documents.................................................................................39 Program Contacts........................................................................................................64 Data Analysis & Trends................................................................................................65 Attachments ............................................................................................................70 State Training Plan ................................................................................................. 71 LIST OF TABLES Table 1. National Program Elements/FY 2010 National Emphasis Areas and State CMV Safety Program Objective Placement Summary............................................................................. 9 Table 2. Driver/Vehicle Inspection Performance Output Targets FY 2010.................................. 21 Table 3. Violation Section 49 CFR 392 - Trend Analysis (Not Quota) (2005-2007)....................... 24 Table 4. Violation Section 49 CFR 392 - Violation Codes..................................................... ..24 Table 5. Compliance Review Activity Projections FY 2010 .................................................... 26
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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
MISSION & GOAL STATEMENT
The Department of Public Safety is the lead agency for the Motor Carrier Safety Assistance Program (MCSAP) in Georgia. The Department of Public Safety's Motor Carrier Compliance Division, along with 12 participating partner agencies, is responsible for the implementation of, and compliance with, the MCSAP guidelines in the state of Georgia. It is the mission of this agency to reduce the number of fatal and injury related crashes on Georgia's highways by the effective and fair regulation of the commercial motor carrier industry and to raise awareness of the general public about sharing the roads safely with commercial motor vehicles. In order to assist the Federal Motor Carrier Safety Administration with their goal of reducing fatal crashes to 0.16 per 100 million miles traveled by 2011, Georgia must reduce its 2007 rate by 0.06. By implementing the plans set forth in the 2010 Commercial Vehicle Safety Plan, the Motor Carrier Compliance Division's goal is to reduce the fatal crash rate by the end of FY 2010. In addition, improve the quality of our data so that proper identification can be made of high risk carriers, drivers, vehicles and highways within the State.
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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

EXECUTIVE SUMMARY

The Department of Public Safety is the lead agency for the Motor Carrier Safety Assistance Program (MCSAP) in Georgia. The Department of Public Safety's Motor Carrier Compliance Division is responsible for the implementation of, and compliance with, the MCSAP guidelines in the state of Georgia.

The State of Georgia consists of 159 counties with a total of 59,424 square miles. In 2008, 14 of Georgia's counties ranked among the nation's fastest growing. The population of the State is ranked 9th in the United States. Georgia has 15 Interstate highways and 25 U.S. highways that run through the State and is ranked 4th in the nation for fatalities involving commercial motor vehicles.

The Motor Carrier Compliance Division has 348 filled and vacant positions. The MCCD currently employs 243 officers, 231 of those are NAS certified. Of those 231, 75 are mobile units. The remaining officers are stationed at one of the 19 inspections stations located throughout the State. In FY2009, the MCCD added a CVEU (Commercial Vehicle Enforcement Unit) comprised of 40 Georgia State Troopers detached from the Georgia State Patrol. The purpose of this unit is to provide an increase in Level 3 inspections and an increase in traffic enforcement activities around the State. All officers from the CVE unit have successfully undergone NAS training. Twelve local agencies participate in the MCSAP program which provides an additional 62 officers. Of those agencies, only 24 (Cobb and Dekalb officers) are MCSAP eligible along with 2 employees from the Georgia Department of Transportation's Accident Reporting Unit.

Trends and Performance
The safety and performance trends for the Motor Carrier Compliance Division are summarized in the charts below:

These figures represent an analysis of FFY 2006 FFY 2009.

Number of Out-of-

Out-of-

Number of

YEAR

Inspections service

service

Compliance

vehicles

drivers

Reviews

FY 2006

90,297

17,442

12,546

303

Number of Enforcement Cases 109

FY 2007

88,142

25,758

13,802

358

121

FY 2008

87,808

25,624

11,483

383

130

FY 20091

70,317

17,554

7,587

278

92

1 YTD FFY, 10/01/2008 06/30/2009 2 Civil penalties resulting from enforcement cases (both intrastate and interstate)

Civil Penalities2
$350,481 $519,512 $494,970 $297,950

These figures represent an analysis of Driver/Vehicle Level Type for FY 2006 FY2009.

YEAR

Level 1

Level 2

Level 3

Level 4

Level 5

Level 6

FY 2006 22,000

36,783

30,845

297

343

8

FY 2007 20,569

38,047

29,145

72

300

0

FY 2008 22,324

33,907

30,648

381

547

1

FY 20091 17,987

21,905

29,873

73

479

0

1 YTD FFY, 10/01/2008 06/30/2009

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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

These figures represent an analysis of Traffic Enforcement Violations for FY 2006-FY2009

YEAR .2S .2F .2LC .2C .2P .2R .2T .2Y 392.4

20091 2,168 268 402 3,001 40 94 66 23

62

392.5 125

392.16 4,769

2008 1,967 402 573 3,319 10 152 114 23

167

165

5,305

2007 2,037 230 476 3,712 13 147 175 33

139

173

5,090

2006 2,252 245 687 5,631 12 147 210 46

223

224

1 YTD FFY, 10/01/2008 06/30/2009

4,785

2S-speeding; 2F-following to close; 2LC-improper lane change; 2C-failure to obey traffic control device; 2P-improper

passing; 2R-reckless driving; 2T-improper turn; 2Y-failure to yield; 392.4-use or possession of drugs;392.5-use or

possession of alcohol; 392.16-failure to use seat belt.

The figures represent activities related to crash reduction for FY2006-2009

Activity

2006

2007

2008

# HCC Inspections 14,926

13,664

14,808

#HCC Checks

90

97

115

#HCC Hours

20,727

21,071

18,862

#C/Z Inspections 545

629

705

#C/Z Hours

1,613

1,626

945

# Off Peak

Inspections

24,027

19,958

16,901

# HM Inspections 6,837

9,418

10,667

# Bus Inspections 653

743

1,023

#Safety Meetings 246

233

189

1 YTD FFY, 10/01/2008 06/30/2009

HCC- High Crash Corridor Areas; C/Z- Construction/work zone

20091 14,706 98 13,346 392 683
16,130 6,810 876 149

Current CMV Safety Problems
The State of Georgia is ranked 4th in the nation based on figures published for 2007 for fatal crashes involving a commercial motor vehicle. In order to mirror FMCSA's goal of reducing fatal crashes involving commercial motor vehicles to 0.16 by 2011, we must reduce our current rate by 0.06. Due to corrective action being taken on 2008 and 2009 CMV crashes, data posted on A & I as of the end of June, 2009 may or may not accurately reported the number of actual fatalities. The performance goals set by the MCCD for FY2009 have been met based on the activities shown in the National Program Elements. The determination as to whether our crash reduction was met is unsure. Where GTACT campaigns have been held the data has shown a decrease in crashes involving CMV's and an increased awareness to the general public concerning operating in and around CMV's. These campaigns have had a positive impact on crash reduction.

The MCCD must continue to identify problem areas that contribute to crash causation and place increased emphasis of those problems identified. With only 75 mobile units to cover Georgia's 159 counties consisting of 59,424 square miles, the MCCD continue to be pro-active in enforcing both the Federal and State laws in each of the region's top 3 high crash corridor county while still showing a law enforcement presence in the remaining counties associated with that region. Areas such as traffic enforcement, hours of service, seat belt usage, alcohol/drug interdiction, and hazardous materials must all be addressed in order to reduce CMV crashes in the State

Current Evaluation and Performance

Based on figures published on A & I, fatal and non-fatal crashes show a reduction of .9% from 2006 to 2007 and fatalities show a reduction of .9% from 2006 to 2007. However, the crash consistency indicator in A & I indicates that all reportable CMV crashes may not have been received by the MCCD from the Georgia Department of Transportation. We are currently working diligently with FMCSA and GDOT to resolve this problem.

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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
As of June, 2009, the MCCD has performed a total of 70,317 inspections. A total of 17,065 out of service violations have been issued for vehicles and a total of 7,587 out of service violations for drivers. Based on the nine month summary from the FY 2009 CVSP, we show a reduction of 936 (18,001 to 17,065) vehicles out of service and a reduction of 1, 095 (8,682 to 7,587) driver out of service violations. The reduction in driver out of service is contributed to an increase in Level 3 inspections. The Level 3 percentage rate is currently at 41% which is an increase of 4% from the FY2009 goal projection.
MCCD has shown an increase in traffic enforcement on speeding, failure to obey traffic control devices, and seat belt usage based on figures for the 3rd quarter. The increase is due in part to GTACT (Georgia Targeting Aggressive Cars and Trucks) campaigns in several corridors in the State and the addition of the 40 Troopers to the CVE unit. Seat belt violations have shown a decrease as well as alcohol and drug violations. For FY 2009, we do not foresee accomplishing our projected 450 inspections in construction zones. Although 580 hours of patrolling and screening for the first 3 quarters of FY 2009 have taken place in construction zone areas, it is not always safe to perform inspections in these locations therefore, for FY2010, we are decreasing the amount to a more realistic goal of 300.
MCCD performed its projected goal of 10% hazardous material inspections. The majority of MCCD officers have undergone HM training. Compliance reviews and new entrant goals will be met by the end of FY 2009.
A new activity was added in FY 2009 in the CMV Safety Improvement Objective to increase CMV driver accountability. While emphasis truly began in the latter part of the year, we hope that our out of service violations for both driver and vehicle will continue to decrease by holding those drivers who choose to violate FMCSA rules and regulations accountable. Officers will utilize Query Central to identify motor carriers and drivers who have not corrected previous out of service violations and issue citations accordingly.
MCCD conducted in-service training for all MCCD Officers and Sub-grantees. This training included updates on the FMCSR and HMR, State Law applicable to CMV's, Federal Out-of-Service Orders, common violation issues, and proper carrier identification. The training also included Unified Carrier Registration and proper enforcement of UCR. Georgia adopted UCR with a series of graduated effective dates. UCR enforcement of interstate carriers became statutory on the effective date of the legislation, while intrastate UCR provisions will take effect on October 1, 2009.
DPS will work with the Georgia Department of Revenue on outreach materials to enhance UCR compliance for both interstate and intrastate carriers.
In addition, the MCCD will continue to enforce registration (i.e. operating authority) requirements under 49 U.S.C. 13902, 49 CFR part 365, 40 CFR part 368, 49 CFR 392.9a and 350.201 (t) by prohibiting the operation of (i.e. placing out of service) any vehicle discovered to be operating without the required operating authority or beyond the scope of the motor carrier's operating authority. MCCD officers will utilize Query Central to obtain information regarding Federal OOSO and will take corrective action based on the memorandum issued by FMCSA on enforcement of Federal-out-of-service during roadside inspections.
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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
Program Challenges
Crash Reduction Crash reduction for Georgia continues to be a challenge. Although figures show a .01 increase in 100 million miles traveled we do show a decrease in fatal crashes and actual number of fatalities. The MCCD has estimated an increase in performance output of Level 3 inspections to 43% for FY2010. The MCCD must stay current on crash data in order to pinpoint locations in the state indicating a high number of crashes involving CMV's. Even with the number of driver vehicle inspections, traffic enforcement and concentrated checks performed by MCCD, crash reduction is still not showing a significant decline. With the addition of the CVEU's traffic enforcement, we hope to have a greater impact on reduction of crashes.
Data Quality During FY 2009, we experienced several issues with the crash data received from the Georgia Department of Transportation which is the lead agency for crash reporting. Errors in 2007 data were discovered early in FY 09 and additional discrepancies were discovered for 2008 and 2009 crash data in early June. Many CMV crashes were not reported due to the vehicle type coding on the accident report. The first responding officers were making incorrect vehicle type coding and these same coding errors were not being picked up by personnel keying the accident reports. A sharp decline was noted by Volpe as well as our FMCSA Georgia division. Massive efforts by personnel from both agencies were put into place to correct these discrepancies however these will skew data figures published currently published on the A&I website and will ultimately change the quarterly crash data disseminated into the MCCD regions throughout the state. Crash reduction efforts are highly dependent on accurate crash data which indicate high crash corridor areas in the State.
Hazardous Materials
The hazardous materials program will strive to remain on the cutting edge of hazardous materials enforcement. The Department has adopted the necessary sections of Part 385 to be able to enforce the hazardous materials safety permit. The hazardous materials program has a very broad base of action and will remain active in policy changes and stay current on new trends within the hazardous materials arena. MCCD will continue to participate in the COHMED program. This level of interaction will enable the MCCD to remain up to date and proactive with any new Hazardous Materials policy changes or shifts in enforcement focus. MCCD will continue to train officer's in General Hazardous Materials, Cargo Tank, and Other Bulk Packaging, as these courses are part of the MCCD career ladder.
In order to initiate an effective shipper program, MCCD must address a full range of hazardous materials in its legislation and follow up with a program evaluation. The Department will also have to coordinate expanded authority with the State Fire Marshal, who already regulates possession, storage, and transfer of petroleum distillate fuels (gasoline, diesel, and kerosene), Liquefied Petroleum Gas (propane), Explosives and Anhydrous Ammonia. Once these steps have been taken, the MCCD will work towards implementing a hazardous materials shipper compliance review program.
The MCCD has focus on the inspection of MC330/MC331 cargo tanks for compliance with emergency discharge controls.
All MCCD, CVEU, and sub-grantees are undergoing training for the "Safe Transportation of Food Products, The Commercial Motor Vehicle Inspector's Role" that provides knowledge to identify and report the possible adulteration of food products.
Passenger Carrier Inspections
The MCCD currently has 19 officers trained to perform safety inspections on passenger carriers. Performing motor coach inspections on the side of the road presents a safety concern for the passengers being transported and the officers conducting the inspection. For that reason, the MCCD typically schedules concentrate checks at selected venues with a high concentration of motor coaches. Sites such as Six Flags over Georgia in Atlanta, the Southeastern Agriculture Expo in Moultrie, and a site in Helen, Georgia are common for these types of activities. In order to increase the number of passenger carrier inspections, the MCCD added measures for FY 2009 to identify motor coach terminals throughout the state to perform
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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
terminal inspections. Passenger carriers based in Georgia were identified and separated into the nine regions. During the Passenger Carrier Strike Force in May, 2009 MCCD officers targeted those carriers in their respective regions. Carriers with multiple motor coaches will be re-visited in order to cover their fleet and if a serious OOS violation was noted it will be addressed with the next visit. This same procedure will continue for FY2010. In addition, the compliance review division will place special attention on conditionallyrated motor carriers and motor coach carriers. Passenger carriers will take priority for new entrant audits.
Traffic Enforcement
The MCCD will conduct traffic enforcement in identified high crash corridor areas and rural routes. In addition to roving patrols, MCCD officers will participate in concentrated, joint agency and alcohol/drug activities. More aggressive enforcement is needed especially on rural roads in the State. This will increase visibility in counties that may or may not be noted as a high crash corridor area but show fatal and nonfatal crashes purpose of performing traffic enforcement on commercial motor vehicles. The CVEU will focus on Level 3 inspections and traffic enforcement. With the increase in force, coupled with the sub-grantee program, traffic enforcement will be the main focus for FY 2010. FY2010 will mark the 3rd year that Georgia has participated in the Georgia Targeting Aggressive Cars and Trucks Campaign through a high priority grant from FMCSA. Each targeted campaign blitz has been highly successful in traffic enforcement. In addition to the actual project campaigns, the MCCD will look at performing "TACT" like enforcement in high crash corridor areas and rural routes.
Seat Belt Enforcement
The MCCD routinely participates in State and Regional enforcement efforts, such as "Click it or Ticket" "100 Days of Summer Heat" and "Be Ready Be Buckled" which emphasize the use of seat belts. For several years, we have established a base-line at the inspection stations to determine seat belt usage. The observations only noted seat belt violations. During the FY2010, it is imperative that we enforce usage by the issuance of citations. The MCCD will need to establish locations in each region were checks can be made and violations enforced.
Electronic Verification of CDL Status
At the current time, CDL's are being verified in 98.5% of the instances where they were required. The MCCD is currently utilizing both the Commercial Drivers License Information System (CDLIS) and the National Law Enforcement Telecommunications System (NLETS) to check the CDL status of commercial drivers during the inspection process. MCCD continues to evaluate the level of compliance with regard to CDL license checks and all necessary action is taken to ensure a high level of compliance at the officer level. In addition, the MCCD will continue to monitor and update all relevant procedures with regard to CDL license checks.
Public Education and Awareness The MCCD has a very successful Public Education and Awareness program which routinely attends safety meetings and public functions in order to share knowledge regarding FMCSA rules and regulations and safety on Georgia's highways in and around commercial motor vehicles. For FY2010, there are several areas that we would like to improve on. As of now we have not placed all of the education packets and facts sheets on our website so that they are attainable by the motor carrier industry and the general public. A team needs to be assembled to thoroughly go over all the available educational sheets that we currently have to see if any need to be upgraded or removed. Once completed, the website needs to be updated. The MCCD would also like to make CD's for the officers on the road to be able to print information from the roadside or fixed locations rather that the officers having to maintain copies in their vehicles.
Data Collection and Reporting
During the course of the past fiscal year, the MCCD accomplished its goal of submitting all internal inspection data to SafetyNet electronically. All mobile MCCD officers have laptop computers and can upload their inspections electronically on a daily basis using ASPEN software; likewise, officers assigned to inspection stations utilize desktop units to upload inspections completed as part of their routine duties. As mentioned under data quality, we continue to have issues with our crash data. Although the timeliness in which we receive our crash data from the Georgia Department of Transportation continues to fall under the 90 day limit,
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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
not having the data "real time" or within a lesser time frame still presents problems for us in determining our high crash corridor locations and disseminating crash data into the regions.
Alcohol/Drug Interdiction Activities {as addressed in 350.201 (q)}
The MCCD will continue to implement procedures that focus on removing impaired CMV drivers from highways through adequate enforcement of restrictions on the use of alcohol and controlled substances. Officers routinely perform special DUI activities throughout the State, either alone or in conjunction with another major activity, such as a port check in the Savannah area or an air brake check in north Georgia. Frequently these activities are conducted in conjunction with other Federal, State or local enforcement agencies, such as the FMCSA, county police, or the Georgia State Patrol.
MCCD officers have ready access to intoximeters, which are utilized to measure the level of alcohol in a driver's system. In addition to the units housed at each Inspection Station, each Captain and Lieutenant has been assigned an intoximeter that remains in that officer's vehicle, and the majority of mobile units carry them as well. The MCCD has deployed approximately 191 of these units to field personnel. In addition to providing this equipment, the MCCD will continue to require all of its officers to attend a two-day Impaired Driving Course when appropriate. While this course teaches officers how to use the intoximeters, it also uses live subjects to demonstrate impaired and/or suspicious behavior and teaches officers how to administer field sobriety tests.
In addition to enforcing DUI laws, the MCCD will continue to conduct controlled substance interdiction activities throughout the State and ensure its entire force is adequately trained to identify suspicious cargo. These courses are taught by the El Paso Intelligence Center (EPIC) and the Drug Interdiction Assistance Program (DIAP) and are offered to new officers four to five times each year.
This week-long training includes topics such as basic interdiction efforts, how to detect suspicious cargo, hidden compartments, and the most frequently used areas on the CMV's for hiding narcotics. The MCCD has two K-9 dogs and has certified two officers as K-9 handlers. Although funding for the dogs and the training was appropriated by the State legislature, these teams frequently participate in MCSAP-sponsored operations, such as port checks and DUI activities. The teams also provide interdiction/inspection assistance to local agencies throughout the State. As both officers are NAS certified, they also perform CMV inspections on a regular basis.
FY 2009 Emphasis Areas
The MCCD has for many years targeted rural road areas within high crash corridor areas around the State. For FY 2010, The MCCD will increase enforcement efforts by utilizing MCCD officers, the CVE unit, and local law enforcement agencies to target these areas. Aggressive seat belt enforcement will take presentence in FY2010 on rural roads.
For FY2010, the MCCD will increase driver-focused inspections to meet or exceed the national average of 30%. We will continue to increase traffic enforcement activities in high crash corridor areas and rural routes. Until recently, Georgia has not utilized basic funds for non-CMV enforcement although we have been able to address non-CMV enforcement by participating in the TACT program. In FY 2010, the CVE unit will be enforcing the traffic laws on Non-CMV's operating in and around CMV's on Georgia's highways by no more than 5%.
The MCCD will continue participation in "Operation Safe Driver" sponsored by CVSA and FMCSA. During these activities, increased focus will be placed on compliance of certain cargo tanks with the emergency discharge control equipment.
Along with traffic enforcement, the MCCD will place top priority in FY2010 in establishing an accurate means of mapping and tracking crash data. Increased emphasis will be placed on all aspects of crash data.
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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
PROGRAM SUMMARY
The State is divided into nine geographic regions and one administrative region. The administrative region is comprised of the Safety Compliance Unit. The Safety Compliance unit consists of the Compliance Review division, New Entrant Safety Audit Division and the School Bus Safety division. The HOV unit was combined with a metro Atlanta region. The nine geographic regions each contain at least one permanent inspection station, located on a major interstate or highway. In addition to the nineteen permanent sites, the State also mans one semi-permanent inspection station in Early County. The inspection stations operate under the dual purpose of enforcing laws and regulations pertaining to the size and weight of commercial vehicles, as well as performing commercial motor vehicle inspections. The MCCD headquarters is located at the Department of Public Safety building on Confederate Avenue in Atlanta, Georgia and houses command and support staff.
The Department currently has 231 officers who have been NAS certified to perform MCSAP inspections. Of those, 8 are assigned to Compliance Reviews and 12 are assigned to New Entrant. In addition to the Captain and Lieutenant (s) in charge of supervising the daily operations, each of the nine geographic regions employs officers from the ranks of Sergeant First Class to cadet who serve either in a mobile or fixed-site capacity. The administrative division has a Captain and two Lieutenants and employs officers from the ranks of Sergeant First Class to Sergeant. Mobile officers work in the region where assigned and patrol the interstates, state routes, and local roadways within their specified area of operation, observing commercial motor vehicle operations in an effort to ensure safety compliance. Such patrolling activities are performed with the specific intent of targeting for inspection those commercial motor vehicles with obvious driver, vehicle, and/or hazardous material violations or those who are observed committing serious traffic violations, such as following too closely, reckless driving, and improper lane change or other driving behaviors which may endanger the motoring public. Many of these officers also carry portable scales in their vehicles and can perform size and weight enforcement in conjunction with their MCSAP inspections.
The fixed site officers are assigned to work at one of the strategically located inspection stations throughout the State. In addition to size and weight enforcement, these officers visually screen commercial motor vehicles, their cargo, and their operators as they travel through or near the stationary site in an effort to ensure safety compliance. As with mobile officers, this screening activity is performed with the specific intent of targeting for inspection those commercial vehicles with obvious driver, vehicle, and/or hazardous material violations. Vehicles meeting these criteria subsequently receive a MCSAP inspection.
The Georgia State Patrol has detached 40 troopers to the MCCD. These 40 officers comprise the CVEU (Commercial Vehicle Enforcement Unit). These 40 Troopers are dedicated to traffic enforcement on commercial motor vehicles and have all successfully completed NAS training. In addition, twelve local law enforcement agencies consisting of 62 officers participate in the MCSAP program. The agencies operate under a Memorandum of Understanding (MOU) which is renewed each federal fiscal year with the Department of Public Safety. These agencies are Cobb, DeKalb, Gwinnett, and Paulding Counties, and the cities of Alpharetta, Austell, Garden City, Lawrenceville, Port Wentworth, Roswell, Savannah Metro/Chatham and Snellville. These agencies supplement state activity by concentrating on commercial motor vehicle traffic enforcement in addition to performing CMV inspections. All program participants employ NAS certified officers and furnish data via Aspen uploads to the MCCD.
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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

Table 1. National Program Elements/FY 2009 National Emphasis Areas And State CMV Safety Program Objectives Placement Summary

National Program Elements

STATE CMV SAFETY PROGRAM OBJECTIVES

&
FY 2009 National Emphasis Areas

Crash Reduction (Recommended)

Safety Improvement (Recommended)

HM Transportation Safety (Optional)

Passenger Transportation Safety
(Recommended)

Safety Data Quality (Recommended)

Driver/Vehicle Inspections - Driver-focused*

*Pg. 19, Act 1.1

- Passenger carrier* Traffic Enforcement - W/ inspections* - W/o inspections* Compliance Reviews
- Interstate* - Intrastate* Public Education and Awareness Data Collection - Accuracy* - Timeliness*

*Pg. 19, 1.3 *Pg. 22, Act. 1.1-1.5
*Pg. 25, Act. 1.1-1.5
*Pg. 27, Act. 1.1-1.5 *Pg. 29, 1.2 *Pg. 29, 1.3

Rural Road CMV Initiatives* Hazardous Materials Program* Seat Belt Enforcement*

*Pg. 23, Act. 1.5 *Pg. 19, Act. 1.2 *Pg. 20, Act 1.8

Pg. 14, Act. 1.3 Pg. 13, Act 1.1, 1.2

Pg. 15, Act. 1.1, 1.2 Pg. 15, Act. 1.1
Pg. 16, Act. 1.1-1.3

* Denotes a FY 2009 National Emphasis Area

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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
STATE CMV SAFETY PROGRAM OBJECTIVES
CMV Crash Reduction CMV Safety Improvement Passenger Transportation CMV Safety Data Quality
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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

STATE CMV SAFETY PROGRAM OBJECTIVES
CMV Crash Reduction

Year Initiated 2008

Year of Planned Completion 2011

Problem Statement:

Based on crash data published on FMCSA's A & I website for 2007, Georgia ranks fourth in the nation in fatal crashes involving CMV's. Data shows that Georgia's fatal crash rate for 2007 was 0.22 per 100 million miles traveled. This exceeds the FMCSA's reduction goal of .016 per 100 million miles traveled and is an increase of .01 from Georgia's 2006 rate.
Trend analysis shows that the VMT averaged the same from 2004-2006 but had a sharp decline in 2007. Georgia was at .23 in 2004, .21 in 2005, and .21 in 2006. To reduce Georgia's fatality rate, the MCCD must identify and target the top high crash corridors in each region throughout the state. Monitoring crash statistics published on A&I and the accuracy of crash data imported from the Georgia Department of Transportation will need to be performed on a monthly basis.

Performance Objective:

To reduce truck related fatal crashes on Georgia's highways to a figure at or below FMCSA's projected rate of 0.16 per 100 million miles traveled by 2011. The MCCD will implement strategies designed to reduce Georgia's fatal crash rate by 0.03 per 100 million miles traveled by 2010 and another .03 by 2011.

Performance Measure:

This performance will be measured from crash data published in A&I in addition to Safetynet crash data. Data will be reviewed prior to sending information to each region to identify the top high crash corridor areas by county.

Program Strategy:

Using available crash data involving commercial vehicles, in corporation

with the Georgia Department of Transportation's Accident Reporting

Division, initiate the development of a statewide mapping system using

GIS to identify corridors and counties experiencing a high rate of fatal

crashes and increase emphasis on traffic enforcement based on data

gathered from crash statistics.

Activity 1.1:

In corporation with the Georgia Department of Transportation's Accident Reporting Division, initiate

the development of a statewide mapping system to analyze and map crash data imported into the

Safetynet database by the end of FY 2011.

Performance Measure:

Track progress demonstrated in designing, drafting, and implementation of GIS mapping system

and the distribution of the regional overlays sent to each region.

Monitoring and Evaluation:

Review data and mapping sent to the Regional Commanders to ensure material disseminated will

be a useful tool in each region. Compare with significant crash reports compiled by the regions.

Status Update:

In order to capture crash data locations, the MCCD has to rely on quarterly updates from A & I at

this time. We have been limited in corporation with GDOT in achieving a statewide mapping

system.

Activity 1.2: Identify intrastate/interstate motor carriers demonstrating the highest number of fatal and injury related crashes involving commercial motor vehicles. Subsequently, this data and information will be provided to each MCCD region. As resources allow, Region Commanders will communicate with those high risk motor carriers and offer educational and other assistance as needed.
Performance Measure:

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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
Monitor number of intrastate/interstate motor carriers identified and contacted by each MCCD region. Monitoring and Evaluation: Results will be monitored on a quarterly basis and carriers will be monitored to determine if contact from MCCD results in crash reduction. Status Update: Reports and form letter to motor carriers are currently being developed.
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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

STATE CMV SAFETY PROGRAM OBJECTIVES
CMV Safety Improvement

Problem Statement: Performance Objective: Performance Measure:

Georgia's driver-vehicle out of service rate exceeds the national average of 6.9% (2008) 6.83% (2007) for drivers and 22.4% (2008) 22.28 %( 2007) for vehicles. Currently, Georgia's out of service rate is 10% (2008) 12.41% (2007) for drivers and 25.7% (2008) 25.63% (2007) for vehicles. Therefore, proactive strategies designed to alter unsafe CMV driver behavior require implementation. This objective was initiated in the FY2009 CVSP but will continue thru FY 2011.
To implement proactive law enforcement strategies designed to encourage CMV drivers to engage in safer driving behavior by FY2010 by increasing the number of Level 3 inspections from 37% to 43% and holding drivers and motor carriers more accountable for not correcting out of service defects from previous inspections. According to the Large Truck Crash Causation Study, studies show that approximately 87% of CMV crashes reviewed indicate driver error.
Performance will be measured by number of inspections and number of citations. In addition, maintain Level III inspections at a minimum of 35%.

Program Strategy:

Increase driver and motor carrier accountability by increased emphasis

on enforcement efforts aimed at unsafe driver and/or vehicle violations.

Activity 1.1:

Increase CMV driver accountability by holding those drivers who choose to place the public in

danger more accountable for operating their vehicles in an unsafe manner. Enforcement action

based on various factors such as driver/motor carrier safety performance history (A & I, Query

Central, etc), recidivism, the dangerous nature of the violation, and national and statewide

statistical data relative to crash trends and crash causation, etc.

Performance Measure:

Number of uniform traffic citations issued for unsafe driver behavior and vehicle infractions and

start a baseline for the type violations noted by repeat offenders and record the motor carrier

names by the end of FY 2010.

Monitoring and Evaluation:

MCCD will track this activity from the Regional monthly reports based on number of inspections,

number of UTCs issued and type of violations cited in addition to the name of the carrier.

Status Update:

In 2006, Region 8 (Lowndes County) began a pilot project targeting drivers coming in and out of

the Cedar Springs inspection station. Utilizing Query Central, these officers formulated a pattern

where the same drivers/companies were not correcting out of service defects from previous

inspections. A determination was made to actually cite the drivers for repeat offenses. In a matter

of several months, this practice reduced the vehicle out of service rate to 21.5, number of violations

were reduce by 2.5, and the number of UTC's were reduced from 79% to 57%. After evaluating the

success of the pilot project, the activity was implemented in all regions of the State. Since that

time, 70 inspections have been performed on drivers/vehicles that indicated a prior out of service

that had not been corrected. A total of 44 citations have been issued.

Activity 1.2:

Increase focus on driver behavior by increasing number of Level III inspections performed in

conjunction with traffic enforcement activities. MCCD will perform Level III inspections at a

minimum of 35% of the total number of inspections performed in FY 2010.

Performance Measure:

Number of Level III inspections performed and violations issued during traffic enforcement

activities.

Monitoring and Evaluation:

Monitoring will be done through FMCSA's A&I Driver Information Resource tool in addition to Query

Central and Safetynet.

Status Update:

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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
From July 1, 2008 June 30, 2009, MCCD has performed a total of 38,944 Level III inspections. This represents 41% of the total inspections performed for the twelve month period. Activity 1.3: Establish a data quality team to perform quarterly audits on driver vehicle inspection reports to ensure accuracy of violations being recorded by officers. This team will consist of 3 officers who will once a quarter randomly pick at least two officer's reports per region. This audit will include inspection reports submitted by sub-grantees. Performance Measure: The MCCD will record the number of inspections that are audited by region along with notations to Region Commanders of any discrepancies noted during the audit. Type of discrepancies noted will be categorized and if found to be occurring on a regular basis be addressed in in-service training. Monitoring and Evaluation: Monitoring and evaluation will be performed on a quarterly basis by members of the data quality team and addressed with the Major and Region Commanders. Recaps will be maintained by the Safetynet staff. Status Update: This activity is new to the FY 2010 CVSP plan.
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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

STATE CMV SAFETY PROGRAM OBJECTIVES
Passenger Transportation Safety

Problem Statement: Performance Objective:

Nationally, passenger carrier (motorcoach) crashes have shown an increase of. 8% since 2005 based on figures published on the A&I website. In response, FMCSA has encouraged states to place a heavier emphasis on reducing the number of passenger carrier (motorcoach) related crashes. In 2005, Georgia had 37 fatal/non fatal bus crashes with 5 fatalities. In 2006 and 2007 Georgia had 32 fatal/non fatal crashes involving buses with 10 fatalities in 2006 and 11 in 2007. Based on this data, Georgia goal is to decrease the crash rate by .2% by the end of FY 2010.
Identify intrastate/interstate passenger carriers and establish a means of
increasing passenger vehicle inspections such as identifying additional venues (Note- the MCCD has been unable to identify additional venues that will allow for concentrated checks) and terminal locations throughout the state. Increase compliance reviews on passenger carriers statewide.

Performance Measure:

This performance will be measured by the number of compliance reviews conducted, and the number of terminal inspections performed.

Program Strategy:

Using available data identify passenger carrier vehicles domiciled within the state and other venues visited by these vehicles with a high tourism rate that will provide a basis to increase number of passenger vehicle inspections. Increase compliance reviews on passenger carriers.

Activity 1.1: Increase compliance reviews on conditionally-rated passenger carriers and identified passenger carriers with emphasis on motor coach carriers with safety ratings older than five years.
Performance Measure: Number of compliance reviews performed as noted in section 3 of the National Program Elements "Compliance and Enforcement".
Monitoring and Evaluation: Monitoring will be handled through the Regional Commanders' monthly report.
Status Update: From July 1, 2008 June 30, 2009, compliance review officers have performed 5 compliance reviews on passenger carriers.

Activity 1.2 Identify passenger carrier terminal locations throughout the state and perform safety inspections on vehicles located at such terminals. Divide locations throughout the state by regions and perform inspections based on the number of passenger carrier (motor coach) certified officers per region. Level V inspections will not exceed 5% of the inspection totals.
Performance Measure: Number of passenger carrier inspections. Number of MCCD officers certified to perform passenger carrier inspections.
Monitoring and Evaluation: Monitoring will be made from Regional Commanders' monthly reports.
Status Update: The MCCD has identified 151 passenger carriers in the State. July 1, 2008 June 30, 2009, terminal inspections have been performed on 248 motor coaches throughout the State. These inspections were performed during the Passenger Carrier Strike Force in May, 2009. MCCD officers will re-visit these locations in the fall of 2009.

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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

STATE CMV SAFETY PROGRAM OBJECTIVES
CMV Safety Data Quality

Problem Statement:

During FY 2009, we experienced several issues with the crash data received from the Georgia Department of Transportation which is the lead agency for crash reporting. Due to these issues, the problem statement for FY2010 needed to be updated. Errors in 2007 data were discovered early in FY09 and additional discrepancies were discovered for 2008 and 2009 crash data in early June. Many CMV crashes were not reported due to the vehicle type coding on the accident report. The first responding officers were making incorrect vehicle type coding and these same coding errors were not being picked up by personnel keying the accident reports. A sharp decline was noted by Volpe as well as our FMCSA Georgia division. We have worked with GDOT to correct this problem and hope that by the end of FY 2010, we will have all of the issues corrected. For FY 2010, the MCCD will strive to maintain an overall "green" rating in each crash measurement.

Performance Objective:

Continue working with GDOT on a bi-weekly basis to ensure that all crash data received is accurate and that all necessary fields are populated prior to uploading to MCMIS. More closely monitor crash consistency ratings in A & I to make sure that we are not experiencing problems and reducing amounts lower than 50%.

Performance Measure:

MCCD will measure all data quality performance from the A & I website on a monthly and quarterly basis.

Program Strategy:

MCCD will work with the Georgia Department of Transportation's Accident Reporting Unit to incorporate driver/vehicle measures into the crash data imports and will place increased emphasis on the crash accuracy measure.

Activity 1.1: With the assistance of the Georgia Department of Transportation, incorporate additional driver/vehicle information into the crash data imports performed bi-monthly.
Performance Measure: Number of CMV accidents reports with driver/vehicle information
Monitoring and Evaluation: Monitoring will be made through the Safetynet crash data module.
Status Update: From July, 2008- June, 2009, the Safetynet staff has been able to add missing driver/vehicle information to crash reports from a recap provided by GDOT on missing data. In January, 2009, the MCCD underwent a MCSAP review. In the review it was noted that the 1st harmful event was not being captured. Safetynet staff has to manually enter this information due to the fact that GDOT's database is not compatible to the Safetynet database. The MCSAP review made several recommendations regarding the Accident Instruction Manuel that needed to be addressed such as the definition of a bus and the definition of a truck (10,000 lbs. GVWR, etc) In addition, the inclusion of government, school buses and rental vehicles.
Activity 1.2: Perform non-match searches on individual CMV accident records searching for all available motor carrier information.
Performance Measure: Locate and identify correct motor carrier identification.
Monitoring and Evaluation:

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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
Monitoring will be made through the Safetynet crash data module. Status Update:
From July 1, 2008- June 30, 2009, the non-match rate has fluctuated. The current non-match rate is 2.02%. Crash reports involving commercial motor vehicles are not being completed by the initial responder correctly and discrepancies are not always caught by personnel at GDOT keying reports. Activity 1.3: Develop a reporting system to automatically identify errors in crash data as it is imported into the Safetynet database. Performance Measure: Number of errors and corrections identified. Monitoring and Evaluation: The Safetynet staff will continue to monitor reporting errors on the 15th and 30th of each month. Status Update: From July 1, 2008- June 30, 2009- During this time period, the Safetynet staff in conjunction with the Georgia Department of Transportation has identified errors and missing information in crash data. This report is printed on the 15th and 30th of each month and corrections are made accordingly. Note: Imports and recaps are now being performed on a weekly basis.
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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
NATIONAL CMV SAFETY PROGRAM ELEMENT OBJECTIVES Driver/Vehicle Inspections Traffic Enforcement Compliance Reviews Data Collection State Specific Program Element
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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

NATIONAL CMV SAFETY PROGRAM ELEMENT OBJECTIVES
Driver/Vehicle Inspections

Performance Objective:

By implementing the following activities, assist the Federal Motor Carrier Safety Administration's goal of reducing fatal crashes to 0.16 per 100 million miles traveled by 2011. Georgia must reduce its 2007 rate by .06. For FY 2010, Georgia's goal in FY 2010 will be to reduce fatal crashes by .03 per 100 million miles traveled.

Performance Measure:

Total CMV Fatalities, Total Truck Miles Traveled (Data Source: FARS, MCMIS, GDOT, FHWA, and FMCSA.)

Program Strategy:

Perform at a minimum 82,000 driver/vehicle inspections statewide both at roadside and fixed locations with concentration on areas identified as having a high number of crashes involving fatalities. Increase emphasis on hazardous material and reduction of HM spills other than diesel fuel and passenger safety.

Activity 1.1: MCCD will perform roving patrol and static activities throughout the State of Georgia in identified high crash corridors and at inspection stations. For FY 2010, perform a minimum of 82,000 inspections.
Performance Measure: Number of roadside and fixed location inspections.
Monitoring and Evaluation: MCCD will monitor and evaluate the total number of inspections by level and location (fixed or roadside) through Safetynet on a monthly basis.
Status Update: From October 1, 2008 June 30, 2009, a total of inspections 70,327 have been performed. MCCD has performed 65,112 inspections and partner agencies have performed 5,215 inspections.

Activity 1.2: Increase focus on driver behavior by increasing number of Level III inspections performed in conjunction with traffic enforcement activities. The MCCD will maintain Level III inspections at a minimum of 35% of total inspection performed based on data shown (see pg. 68 of CVSP)
Performance Measure: Number of Level III inspections performed and violations issued during traffic enforcement activities.
Monitoring and Evaluation: Monitoring will be done through Safetynet and Regional Monthly Reports.
Activity 1.3 Perform a minimum of 10% HM inspections. Increase number of inspections on MC 330/MC331 and non-specification cargo tanks used to transport liquefied compressed gas. Perform concentrated HM checks at fixed sites once per month.
Performance Measure: Percentage of HM inspections; number of special activities with HM emphasis; number of Level VI inspections.
Monitoring and Evaluation: MCCD will monitor and evaluate the total number of hazardous material inspections, including cargo tank and other bulk packaging.
Status Update: From October 1, 2008 June 30, 2009, a total of 6,809 hazardous material inspections have been performed. This represents 10% of the total number of inspections performed by MCCD officers.

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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

Activity 1.4: Perform a minimum of two concentrated motor coach inspections per year at established venues. In addition, continue terminal inspections throughout the State throughout the year and participate in FMCSA's Passenger Carrier Strike Force in an effort to reduce bus crashes based on data from 2005-2007 by .2%. (Note: Passenger Transportation Safety objective pg. 15)
Performance Measure: This activity will be measured by the number of activities and number of inspections performed.
Monitoring and Evaluation: Passenger carrier activity will be monitored using the Regional Commanders' monthly reports and data from Safetynet.
Status Update: From October 1, 2008-June 30, 2009, MCCD has performed 876 bus inspections. Annual concentrated checks were held at the Sunbelt Agricultural Exposition in Moultrie, Georgia. The data below shows a 3 year comparison of the annual check.

Results Total Motor Coach Inspections Level 1 Percentage Level 2 Percentage Total Driver Violations Total Vehicle Violations Total driver-vehicle OOS percentage

2008 59
62.7% 37.3% 22 109 15%

2007 82
50% 50% 31 142 13.4%

2006 86
49% 50% 39 159 16.3%

In addition, the annual Six Flags over Georgia check resulted in netted 20 motor coach inspections. Inclement weather and the current economy were contributing factors in the low amount of inspections.
Activity 1.5: Conduct at least 24 Alcohol/Drug Interdiction (DI) activities in conjunction with routine inspections. Conduct joint DI operations as needed. Once per quarter, checks will be made at specific fixed locations during off-peak hours.
Performance Measure: Number of Alcohol/Drug activities conducted.
Monitoring and Evaluation: Alcohol/Drug interdictions will be monitored through the Region Commanders' monthly reports and violation counts will be captured through Safetynet data.
Status Update: From October 1, 2008- June 30, 2009, 20 activities have been performed in conjunction with routine inspections. The MCCD and partner agencies have cited 62 drug violations and 125 alcohol violations. All by 5 have resulted in drivers being placed out of service.
Activity 1.6: Check at least 95% of CDL's where required.
Performance Measure: Percentage of CDL's checked.
Monitoring and Evaluation: Activity will be monitored through monthly reports generated with Crystal reporting and Safetynet.
Status Update: From October 1, 2007 June 30, 2008, MCCD officers verified 97% of the instances were required.
Activity 1.7: Participate in the FMCSA HM Strike force activities, the National Roadcheck , Operation Air Brake, Operation Safe Driver and the Passenger Carrier Strike Force.
Performance Measure: Total number of inspections performed including number of OOS violations found for both vehicle and driver.
Monitoring and Evaluation:

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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

Performance and evaluation will be captured through Region Commanders' daily reports and final status provided to CVSA. Status Update: From October 1, 2008-June 30, 2009, MCCD has participated in Operation Air Brake, National Roadcheck, Operation Safe Driver and the Passenger Carrier Strike Force.
Activity 1.8: Perform concentrated seat belt checks at roadside and fixed locations throughout the state once a month. Specific observation points will be set per region for both roadside and fixed locations in order to have the best advantage point in enforcing seat belt regulations.
Performance Measure: Number of seat belt violations and number of citations issued.
Monitoring and Evaluation: Monitor number of seat belt violations through Safetynet and number of concentrated seat belt checks through Regional Commanders' monthly reports.
Status Update: From October 1, 2008 June 30, 2009, a total of 4,769 violations have been cited for seat belt usage. In addition, 27 concentrated seat belt checks have been held.
Activity 1.9: Conduct at least 20% off-peak commercial vehicle inspection activities throughout the state compared to the total number of inspections.
Performance Measure: MCCD will measure the total number and percentage of off-peak inspections, as compared to the activity goal of 20%.
Monitoring and Evaluation:. Monitoring will be performed through monthly reports from Safetynet and Crystal.
Status Update: From October 1, 2008 June 30, 2009, the MCCD performed a total of 16,016 off-peak inspections. Of those, 304 were performed in HCC locations. This represents 23% of the total number of inspections.

Inspection Level

Table 2. Driver/Vehicle Inspection Performance Output Targets FY 2010

Truck

HM Truck

Motor Passenger Coach Carrier* Other

Total**

Number Number Number Number Number Number Percent

Level 1 Level 2

21,050

2,500

450

24,875

7,000

125

21,500 25,000

26% 31%

Level 3

34,950

340

50

35,000

43%

Level 4

50

0

Level 5

50

400

Level 6

450

0

0

Total

80,975

9,840

1,025

0

0

82,000 100%

Note:*Passenger Carrier includes vans, school bus, bus, and limo.

**The Total Column includes Truck, Motor Coach, Passenger Carrier and Other only (i.e., HM Truck is not included).

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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

NATIONAL CMV SAFETY PROGRAM ELEMENT OBJECTIVES
Traffic Enforcement

Performance Objective:

Traffic enforcement activities are a tool in addressing driver behavior at the time it occurs. Traffic enforcement plays an important role in the prevention of accidents and removes unsafe vehicles/drivers from the road. The objective of traffic enforcement for the MCCD is to decrease serious injury and fatality crashes on Georgia's roadways by .03 by the end of FY2010.

National statistics indicate that approximately 50% of all crashes in Georgia occur in rural parts of the State. Of those, approximately 45% occur on major and minor arterial roadways. Therefore, the MCCD will focus increased safety efforts in identified "high risk rural road areas".

Performance Measure:

Total CMV Fatalities, Total Truck Vehicle Miles Traveled (Data source: FARS, MCMIS, GDOT, FHWA and FMCSA.

Program Strategy:

Designate high crash corridor areas, increase emphasis on traffic enforcement and perform concentrated, high crash corridor and joint agency checks.

Activity 1.1: Using available data, designate roadways within counties as high crash corridors (HCC), based on fatal and injury CMV crashes. In addition, identify HCC rural road within counties based on available data and significant crash data reported by the Region Commanders.
Performance Measure: Designate high crash corridor areas and update at least every 6 months.
Monitoring and Evaluation: Monitor crash data from A&I website and distribute to Region Commanders' on a quarterly basis. Monitor Regional Commanders' quarterly HCC reports.
Status Update: From October 1, 2008 June 30, 2009, all regions used the HCC locations established and identified in the CVSP and quarterly reports published on A & I.

Activity 1.2: Increase emphasis on traffic violations as basis for inspections in metro Atlanta HCC locations. In addition, perform concentrated HCC and joint agency checks on a monthly basis. Increase joint agency checks with Metro Atlanta sub-grantees.
Performance Measure: Number of HCC inspections; number of traffic violations/ out of service traffic violations in HCC and total number of hours worked in a HCC area.
Monitoring and Evaluation: MCCD will monitor results from the Region Commanders' monthly reports and Safetynet.
Status Update: From October 1, 2008 June 30, 2009, MCCD officers have spent 1,209 hours in HCC locations around the Metro Atlanta area.

Activity 1.3: Conduct of 300 (See note in "Current Evaluation and Performance" construction zone inspections and increase enforcement patrol in work zone areas.
Performance Measure: Number of inspections performed, number of hours worked and number of citations issued in designated construction zone locations.
Monitoring and Evaluation: Monitoring will be from reports generated from Safetynet.

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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
Status Activity: From October 1, 2008 June 30, 2009, MCCD officers have spent 580 hours in construction zone areas. A total of 285 inspections have been performed.
Activity 1.4: Perform daily, routine enforcement activities in HCC locations outside the metro Atlanta area on interstate highways, state routes and rural roads. HCC locations will be determined on a quarterly basis.
Performance Measure: Number of HCC inspections; number of traffic violations/ out of service traffic violations in HCC and total number of hours worked in a HCC area. Total number of hours worked and traffic violations found on state route and rural road locations.
Monitoring and Evaluation: MCCD will monitor results from the Region Commanders' monthly reports and Safetynet.
Status Update: From October 1, 200 June 30, 200, MCCD has performed 28 HCC activities and 70 concentrated and joint agency checks.
Activity 1.5: Perform daily, routine enforcement on rural routes in located in each region using MCCD and CVEU personnel.
Performance Measure: Number of rural route inspections, number of traffic violations and number of citations issued.
Monitoring and Evaluation: MCCD will monitor results from the Region Commanders' monthly reports and Safetynet.
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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

Violation Trend Analysis Table (2005-2007):

Year
2008

Table 3. Violation Section 49 CFR 392Trend Analysis (Not Quota) (2006-2008) .2S .2F .2LC .2C .2P .2R .2T .2Y 392.4 392.5 392.16

1,967 402

573 3,319 10 152 114 23 167 165 5,305

2007 2,037 230

476 3,712 13 147 175 33 139 173 5,090

2006 2,252 245

687 5,631 12 147 210 46 223 224 4,785

Moving Violations:

Table 4. Violation Section 49 CFR 392Violation Codes Railroad Crossing Violations:

392.2FC Following too close 392.2C Failure to obey traffic control device 392.2LC Improper lane changing 392.2P Improper passing 392.2R Reckless driving 392.2S Speeding 392.2T Improper turns

392.10A1 Failing to stop at railroad grade (RR) crossing-bus
392.10A2 Failing to stop at (RR) crossingchlorine
392.10A3 Failing to stop at (RR) crossing-placard
392.10A4 Failing to stop at (RR) crossing-HM cargo

392.2Y Failure to yield right of way 392.3 Operating a CMV while ill or fatigued
Alcohol or Drug Related Violations: 392.4 and 392.4A Driver uses or is in possession of drugs

Miscellaneous Violations:
392.14 Failing to use caution for hazardous conditions
392.16 Failing to use seat belt while operating a CMV

392.5 and 392.5A Driver uses or is in possession of alcohol 392.71A Using/equipping CMV with a radar detector

392.2 Local laws (general)

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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

NATIONAL CMV SAFETY PROGRAM ELEMENT OBJECTIVES
Compliance and Enforcement

Performance Objective:

To make contact with a minimum of 300 high-risk carriers to determine problem areas and assist with compliance. Officers will be required to complete and average of four compliance reviews/interventions per month. Georgia will participate in the Comprehensive Safety Analysis (CSA) 2010 Operational Model Test. CSA 2010 is a new safety measurement system which uses progressive interventions designed to pinpoint a motor carrier's poor safety performance with significant emphasis placed on data that is gathered at the roadside.

Performance Measure:

MCCD will measure performance by the number of compliance reviews/interventions conducted and the number of hours spent with CSA.

Program Strategy:

Conduct compliance reviews on high-risk motor carriers and passenger vehicle motor carriers.

Activity 1.1: Conduct compliance reviews /interventions on a minimum of 300 high-risk carriers.
Performance Measure: Number of compliance reviews conducted on high-risk carriers.
Monitoring and Evaluation: Compliance review activity will be monitored and evaluated through the Region Commander and reported on the monthly report.
Status Update: From October 1, 2008 June 30, 2009, compliance review officers have conducted 279 compliance reviews.
Activity 1.2: Participate in the Comprehensive Safety Analysis (CSA) Operational Model Test. Dedicate 3 Compliance Review officers to this activity. Currently the MCCD has 6 officers who participate in CSA 2010 in addition to the Regional Commander. For FY 2010, officers will average 4 CSA 2010 investigations.
Performance Measure: Number of participating hours spent in the Comprehensive Safety Analysis (CSA) Operational Model Test. Number of CSA 2010 investigations completed.
Monitoring and Evaluation: Activity will be reported on monitored on the Regional Commander's monthly reports.
Status Update: From October 1, 2008 June 30, 2009 compliance review officers have dedicated 2,975 hours to this project which is an increase of 7% from FY2008.

Activity 1.3: Conduct a compliance review/intervention on Georgia based carriers involved in fatal, injury, or high profile crashes that were the result of vehicle defect, driver error, or driver fatigue.
Performance Measure: Number of related compliance reviews conducted.
Monitoring and Evaluation: Compliance reviews conducted on Georgia based carriers involved in fatal, injury, or high profile crashes will be monitored and evaluated through the Region Commander and reported on the monthly report.
Status Update: From October 1, 2008 June 30, 2009, a total of 8 compliance reviews have been performed on Georgia based carriers which have met the activity criteria.

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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

Activity 1.4: Perform compliance reviews/interventions on passenger carriers and passenger carriers.
Performance Measure: Number of passenger carrier compliance reviews conducted.
Monitoring and Evaluation: Compliance review activity will be monitored and evaluated through the Region Commander and reported on the monthly report.
Status Update: From October 1, 2008 June 30, 2009, a total of 2 compliance reviews were performed on passenger carriers.
Activity 1.5: The MCCD will have 4 compliance review officers attend 40 hours of training for CSA2010.
Performance Measure: Number of officers trained.
Monitoring and Evaluation: This activity will be monitored and reported by the Region Commander and the MCCD training division.

Type of Operation Interstate
Intrastate
Total Reviews

Table 5. Compliance Review Activity Projections FY 2010

Motor Carrier Property

Motor Carrier Passenger

Motor Carrier HM

HM Shipper

220

20

15

0

25

10

10

0

245

30

25

0

TOTAL 255 45 300

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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

NATIONAL CMV SAFETY PROGRAM ELEMENT OBJECTIVES
Public Education & Awareness

Performance Objective:

Public education and awareness activities are paramount in advising the general public about sharing the road safely with commercial motor vehicles. These activities raise the awareness of drivers of all ages and social groups of their responsibility in sharing the road. Increasing the safety awareness between drivers of commercial vehicles and noncommercial vehicles, seat belt usage and other areas is essential for overall traffic and public safety.

The MCCD outreach program will be used to further our goal of crash reduction by .03 in FY 2010 and .03 in FY 2011. When outreach programs are performed at Georgia Welcome Centers around the State, we will measure crash reduction in those surrounding areas during the period of the outreach. "TACT" like surveys will be conducted to measure the general public's perception of operating in and around CMVS on Georgia's highways.

For FY 2010, the MCCD will conduct approximately 160 safety meeting and make contact with at least 6,000 people. In addition, for FY 2010 increase availability of educational material by placing all facts sheets on the DPS website and provide officers CD's with all of the information so that they may print information at roadside.

Performance Measure:

Amount of materials distributed; number of presentations delivered; number of persons contacted and/or trained and safety meeting and outreach evaluation forms.

Program Strategy:

Provide public education and training by conducting safety meetings, seminars and outreach programs.

Activity 1.1: Review and revise existing handouts, on an as needed basis, in response to changes in regulations or policy. Develop a evaluation summary sheet to be used at safety meetings or other public functions.
Performance Measure: Number of handouts reviewed, cancelled, and revised.
Monitoring and Evaluation: Monitoring will be conducted through monthly reports from the P.I. E. officer.
Status Update: From October 1, 2008 June 30, 20098, there were 10 revisions made to existing sheets.

Activity 1.2: Conduct safety meetings, seminars, and outreach programs for interested parties and the general public, upon request. Officers will strive to conduct approximately 160 safety meetings per federal fiscal year and to contact at least 6,000 people during this activity.
Performance Measure: Number of meetings conducted; type of meeting (industry, general public, etc.); number of attendees compared to activity goal.
Monitoring and Evaluation: Monitoring will be made through Regional Commanders' monthly reports.
Status Update: From October 1, 2008 June 30, 2009, a total of 149 safety meetings have been conducted by Motor Carrier Compliance officers throughout the state with 4,973 attendances.

Activity 1.3: Develop and distribute electronic version of State/Federal Public Information and Educational materials.

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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
Performance Measure: Number of CD's distributed.
Monitoring and Evaluation: Monitoring will be conducted through quarterly reports from the P.I. E. officer.
Status Update: From October 1, 2008 June 30, 2009, 75 have been distributed.
Activity 1.4: Provide judicial outreach to local traffic court officers, judges, and prosecutors on CMV laws and issues. Perform approximately 10 activities per grant year.
Performance Measure: Activity will be measured by number of outreaches performed.
Monitoring and Evaluation: Monitoring will be made through Regional Commanders' monthly reports.
Status Update: From October 1, 2008 June 30, 2009, the MCCD has provided 32 judicial outreaches.
Activity 1.5: Produce and distribute manufactured safety slogan items and handouts on various topics related to motor carrier and hazardous material safety. MCCD currently has over 58 safety fact sheets, ETA packets, and forestry packets.
Performance Measure: MCCD will measure performance by the number of safety fact sheets, ETA packets and forestry packets distributed and the number of manufactured items distributed.
Monitoring and Evaluation Monitoring will be conducted through quarterly reports from the P.I. E. officer.
Status Update: From October 1, 2008 June 30, 2009, the MCCD produced and distributed a total of 34,450 fact sheets, 8 ETA packets, and 248 forestry packets.
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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

NATIONAL CMV SAFETY PROGRAM ELEMENT OBJECTIVES
Data Collection

Performance Objective:

Maintain the current carrier non-match for inspection data that currently is well below the national acceptable level. Maintain the current inspection upload time of five days and reduce crash upload times to below 90 days. Participate in the FMCSA's Data Q system to resolve discrepancies on carrier profiles and improve the quality of CMV data in Georgia.

Performance Measure:

Crash and inspection non-match rates, upload times, number of Data Q's received and resolved.

Program Strategy:

Monitor inspection and crash upload timeliness and respond to Data Q's received from FMCSA within the allotted timeframe of 10 days.

Activity 1.1: Upload at least 95% of inspections within the 21 day limit specified by FMCSA and maintain a level of less than 90 days for crash uploads.
Performance Measure: Percentage of inspections and crashes uploaded within the specified time.
Monitoring and Evaluation: Monitoring and evaluation will be made through monthly and quarterly reports from A&I and MCMIS.
Status Update: From October 1, 2008 June 30, 2009, the average time for inspection upload has been 2 days which is well within the 21 day limit. The average time for crash upload was 62 days.

Activity 1.2: Resolve non-matches on driver/vehicle inspections and crash data so that the non-match rate does not exceed 10%.
Performance Measure: Number of non-matches from MCMIS non-match report.
Monitoring and Evaluation: Monitoring and evaluation will be made through monthly and quarterly reports from A&I and MCMIS.
Status Update: From October 1, 2008- June 30, 2009, the non-match has fluctuated from .28% to the 2.5%. It is currently at 2.02%.

Activity 1.2: Resolve inspection and crash challenges received from FMCSA's Data Q system.
Performance Measure: Number of challenges received and resolved by type.
Monitoring and Evaluation: Monitoring for this activity will be through the DATA Q's reports.
Status Update: From October 1, 2008 June 30, 2009, MCCD received 481 challenges. A breakdown of these challenges is as follows: 132 crash challenges, 279 inspection challenges, and 71 inspection report requests. An additional officer has been assigned to assist in the timely resolution of Data Q challenges.

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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

STATE SPECIFIC PROGRAM ELEMENT
Significant Crash Reporting and Follow-Up

Performance Objective:

The MCCD acting under the Georgia Department of Public Safety is the lead agency for the State of Georgia's MCSAP program and is responsible for performing post crash inspections on serious crashed that occur within the State. Typically, MCCD is not the first responder to crashes, however because these officers possess the skills and training to identify mechanical and/or driver violations that may have contributed to the cause of the accident, state and local agencies request an officer from MCCD to assist. In addition to providing timely crash information to the Georgia Division Administrator of FMCSA, significant crash reporting provides information necessary to the investigation and prosecution of carriers and/or drivers for motor carrier safety violations
that contribute to serious CMV crashes.

Performance Measure:

Number of post crash inspections performed and reported.

Program Strategy:

Conduct post-crash inspections, when notified, on serious crashes that involve commercial motor vehicles within the state.

Activity 1.1: Conduct post-crash inspections on serious CMV crashes.
Performance Measure: MCCD will measure the total number of post crash inspections performed.
Monitoring and Evaluation: Monitoring will be performed through monthly reports from Safetynet and Crystal.
Status Update: From October 1, 2008 June 30, 2009, the MCCD and partner agencies performed a total of 255 post crash inspections.
Activity 1.2: The MCCD will forward to the FMCSA Georgia Division at least 90% of all significant crash reports received as defined in the Georgia CVSP.
Performance Measure: Total number of significant crash reports received compared to the number sent to FMCSA Georgia Division.
Monitoring and Evaluation: Monitoring will be performed through the MCCD's law enforcement officers.
Status Update: From October 1, 2008 June 30, 2009, the MCCD has reported 712 significant crashes to the FMCSA Georgia Division.

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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

STATE SPECIFIC PROGRAM ELEMENT
New Entrant Safety Assurance Process

Performance Objective:

Within 18 months of their receipt of a New Entrant Registration pursuant to 49 CFR Part 385, Subpart D, interstate motor carriers based in Georgia will undergo a safety audit performed by the Motor Carrier Compliance Division. Officers recruited for this program must already have completed the 2-week North American Standard inspection course and a basis Hazardous Materials Course.

Performance Measure:

Number of new entrant registrants contacted and audited.

Program Strategy:

MCCD officers certified in safety audits will perform approximately 1,800 audits.

Activity 1.1: Perform approximately 1,800 New Entrant Safety audits on interstate motor carriers in FY 2010.
Performance Measure: Number of audits performed.
Monitoring and Evaluation: Monitoring and evaluation will be performed through Region Commander's monthly reports.
Status Update: From October 1, 2007 June 30, 2008, MCCD safety auditors performed 1,279 safety audits.
Activity 1.2: Contact all new entrants who have not been contacted by FMCSA contractors after 90 days of receiving their DOT number.
Performance Measure: Number of carriers contacted; number of carriers reclassified.
Monitoring and Evaluation: Monitoring and evaluation will be performed through Region Commander's monthly reports.
Status Update: From October 1, 2008 June 30, 2009, a total of 821 new entrants have been contacted.
Activity 1.3: In FY 2010 provide 40 hours of CSA 2010 training to Safety auditors. .
Performance Measure: Number of officers trained.
Monitoring and Evaluation: Monitoring and evaluation will be performed through Region Commander's monthly reports.
Status Update: New activity for FY2010.

31

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
FINANCIAL MANAGEMENT Financial Summary Line-Item Budget Equipment Description MOE Calculation Verification Report
32

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
FINANCIAL MANAGEMENT
Financial Summary
The Georgia Department of Public Safety is committed to reducing the number of truck-related fatalities. The FMCSA goals have been incorporated into the Department's strategic plan. The State of Georgia continues to support CMV safety by continuing to appropriate an ever-increasing amount of state funds. These state funds are the funding source for the state match on federal funds and the maintenance of effort.
The expenses for this program are collected in a cost pool and distributed monthly to the MCSAP grant based on the prior month's activity rate for CMV inspections.

Federal Fiscal Year 2006 2007 2008 2009

Obligated * $5,443,770 $5,955,103 $8,546,803 $6,687,919

.

Expended $5,443,700 $5,955,103 $8,546,803 $6,566,197.57

Balance $0 $0 $0
$121,721.43

33

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

Line-Item Budget

MOTOR CARRIER SAFETY ASSISTANCE PROGRAM
FY 2010 PROPOSED CVSP BUDGET FOR THE STATE OF

PERSONNEL RESOURCES Number of Positions Assigned to MCSAP-Eligible Activities Number of Full Time Equivalent MCSAP-Eligible Workyears
1MCSAP ELIGIBLE EXPENSES Personnel (Payroll Costs)
Salary Fringe Overtime

BASIC/INCENTIVE GRANT FUNDS 414
47.21%
$4,208,743.64 $2,107,400.11

Program Travel (Routine MCSAP related activities) Travel (Lodging/Meal Allowance) Fleet Cost (Mileage/Repair)

Sub-Total, Payroll Costs

$6,316,143.75
$3,000.00 $77,211.01

Supplies Office Supplies Uniforms and other related supplies Fuel Costs

Sub-Total, Program Travel

$80,211.01
$136,909.20 $23,605.00
$322,337.13

Sub-Total, Supplies Vehicles and Equipment
Vehicles (Insert number and type) Computers (Insert number and type) Other Inspection Vehicle Equipment (Radios, printers, etc.) Other Equipment (not included above)
Sub-Total, Vehicles and Equipment Training & Conferences
Training (Including travel costs) Conferences (Including FMCSA Leadership) Registration Fees/Dues

$482,851.33
$68,454.50 $6,798.24
$13,454.85 $88,707.59
$1,314.33 $3,446.33 $6,656.61

Sub-Total, Training & Conferences Miscellaneous Expenses
Telecommunications & Computer Charges Repair and Mantenance of Vehicles Cobb County contract DeKalb County contract
Sub-Total, Misc. Expenses

$11,417.27
$173,732.80
$36,000.00 $72,000.00 $281,732.80

SUBTOTAL, DIRECT COSTS

$7,261,063.75

Indirect Costs (insert rate here)

Total Eligible Costs Budgeted

$7,261,063.75

2Federal Funds Budgeted (80%) 3State Matching Funds Budgeted (20%)
4MOE Funds Budgeted

$5,808,851.00 $1,452,212.75

(Directions, Footnotes Included on Next Page)

DIRECTIONS The Excel line-item budget form is provided as a tool for the State to provide the minimum level of budgetary information required. The form may be revised by adding, moving or deleting lines to appropriately reflect the State's budgetary planning. The form includes blank lines which may be used to identify other State expenses; however, the type of expense must be entered into the blank cell. If using an indirect cost rate to determine indirect costs, enter the rate in the description line as well as the amount(s) in the columns. Because the CVSP budget is based on estimated award, the budget will have to be revised to reflect the actual FY 2010 grant award. The line-item budget must project all MCSAP-eligible expenses, including indirect costs. If indirect costs will not be charged to the grant funding, it would be reflected in the total MCSAP eligible column only.

FOOTNOTES 1MCSAP Eligible Expenses are budgeted costs eligible for reimbursement under the MCSAP program (see 350.311). Include all MCSAP-eligible expenses to be incurred by:
1) any State agency and 2) any local agency that receives MCSAP funds
2Federal Funds Budgeted is the 80% Federal share of the estimated grant funding as shown in the FY 2010 Funding Distribution spreadsheet
3State Matching Funds Budgeted is the 20% State share of the estimated grant funding as shown in the FY 2010 Funding Distribution spreadsheet
4MOE Funds Budgeted is computed as Total Eligible Costs Budgeted less Federal Funds Budgeted less State Matching Funds Budgeted. NOTE: MOE Funds Budgeted must be equal to or greater than the aggregate average MOE on the MOE template.

TOTAL MCSAP ELIGIBLE
$6,659,670.15 $2,107,400.11
$8,767,070.26 $3,000.00
$77,211.01 $80,211.01 $136,909.20 $23,605.00 $322,337.13 $482,851.33
$68,454.50 $6,798.24
$13,454.85 $88,707.59
$1,314.33 $3,446.33 $6,656.61 $11,417.27 $173,732.80 $90,000.00 $180,000.00 $443,732.80 $9,873,990.26
$9,873,990.26 $5,808,851.00 $1,452,212.75 $2,612,926.51

34

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
Equipment Description

OFFICE SUPPLIES
OUT-OF-STATE TRAVEL

Includes items that are necessary for the day to day operations of the MCSAP office. Includes, but not limited to pens, pencils, staples, copier and printer paper.
Consists primarily of travel related funds for the following MCSAP activities. 1. CVSA workshop and leadership conference ---- 5 personnel 2. SAFETYNET workshop --------------------------- 2 personnel

IN-STATE TRAVEL

This represents the necessary travel funds to allow the Motor Carrier Compliance Division to attend conferences and training within the State of Georgia.

Eligible Meals Breakfast Lunch Dinner Daily Total

Standard Rate $6.00 $7.00 $15.00 $28.00

High Cost Areas $7.00 $9.00 $20.00 $36.00

TELEPHONE

Includes: 1. Office telephone equipment lease costs and line charges 2. Cellular phones, lease, and air time charges 3. Air cards and air time charges. 4. Long distance, toll charges

POSTAGE

Includes costs of U.S. Postal services, UPS type shipping and freight costs for MCSAP related activities.

COMPUTER CHARGES

Costs to upgrade computer software programs and hardware. Purchase computer supplies (ex: compact disks, flash drives, printers, projectors)

UNIFORM EXPENSE

Includes replacement or purchase of any required or approved part of the uniform authorized to be worn while on duty. Includes brass, weapons, badges and leather gear.

DUES AND

CVSA Membership

MEMBERSHIPS

REGISTRATION Includes departmental authorized MCSAP training and/or seminars.

35

POLICE SUPPLIES

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

Includes those operational supplies used in the performance of duties which are either

specific to the inspectors functions and/or are used in that capacity.

Examples: 1. Ammunition 7. Accident investigation supplies

2. Firearms

8. Ticket books

3. Range Supplies 9. Clipboards

4. Flashlights 10. Digital cameras and supplies

5. Batteries

6. Evidence kits

In addition to operational supplies; also included are materials, supplies or expenses incurred specifically for personal safety, protection, or well-being.
1. Wellness program supplies 2. First aid supplies 3. Fuses 4. Weapon related expenses as repairs and cleaning equipment

VEHICLE EXPENSE
TRAINING

Includes purchase or lease of new vehicles to replace existing vehicles as needed and related supplies such as the following:
1. Fuel 2. Tires, new; mounting, balancing, and repairs 3. Oil, filter, and oil changes 4. Anti-freeze and coolant system repairs 5. Emission inspections 6. Fees required for legal operations of the vehicles 7. Fire extinguishers 8. Miscellaneous items such as: jack, tire iron, small wrenches
Includes costs incurred for MCSAP related training courses as costs of testing

SUBSCRIPTIONS Cost of any subscription to any MCSAP related publications such as Transport Topics, ATA publications, etc.

INDIRECT COSTS

Percentage of program to pay for administrative costs and functions related to MCSAP personnel, equipment and programs.

36

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

MOTOR CARRIER SAFETY ASSISTANCE PROGRAM

FY 2010 MCSAP MOE CALCULATION TEMPLATE FOR THE STATE OF

1MCSAP ELIGIBLE EXPENSES

FY 2005

Personnel (Payroll Costs)

Salary

$3,931,489.57

Fringe Benefits (Health, Life Insurance, Retirement, etc.)

$1,215,500.40

Overtime

$4,074.96

Other (GMS Assessments, Drug Testing, Annual Leave)

$23,333.92

Sub-Total, Payroll Costs $5,174,398.85

Program Travel (Routine MCSAP related activities)

Travel (Lodging/Meal Allowance)

$40,797.01

Fleet Cost (Mileage/Repair)

$73,872.69

Other (specify)

Sub-Total, Program Travel $114,669.70

Supplies

Office Supplies

$277,793.97

Uniforms and other related supplies

$52,996.94

Fuel Costs

$205,412.13

Other (Equip R&M,Rents,Insurance)

$114,400.81

Sub-Total, Supplies $650,603.84

Vehicles and Equipment

Vehicles (Insert number and type)

$133,448.38

Computers (Insert number and type)

Other Inspection Vehicle Equipment (Radios, printers, etc.)

Other Equipment (Copier leases)

$78,385.56

Sub-Total, Vehicles and Equipment $211,833.94

Training & Conferences

Training (Including travel costs)

Conferences (Including travel costs)

Registration Fees

$7,015.54

Other (specify)

Sub-Total, Training & Conferences

$7,015.54

Miscellaneous Expenses

Lease cost of MCSAP Vehicles

Repair and Mantenance of Vehicles

Other (Comp charges,Telecomm,PD&F,Contract,Locals) $391,704.29

Sub-Total, Misc. Expenses

$391,704.29

FY 2006
$4,094,153.20 $1,305,222.53
$5,907.57 $30,515.92
$5,435,799.22
$37,441.06 $158,393.40
$195,834.46
$229,154.06 $198,751.62 $268,864.24
$91,891.26 $788,661.18
$219,596.04 $107,347.65
$770,655.37 $1,097,599.06
$4,755.92
$4,755.92
$378,022.30 $378,022.30

FY 2007
$4,149,774.76 $1,443,968.51
$334.14 $65,045.93
$5,659,123.34
$31,978.57 $160,557.83
$192,536.39
$321,364.43 $184,557.72 $290,445.20
$59,528.97 $855,896.32
$717,261.39 $55,532.32
$263,265.46 $131,459.59 $1,167,518.76
$3,867.67
$3,867.67
$377,003.99 $377,003.99

SUBTOTAL, DIRECT COSTS

$6,550,226.16 $7,900,672.13 $8,255,946.47

Indirect Costs (20%)

$123,875.10 $247,280.21

37

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

SAFETEA-LU Documented CMV/Non-CMV Traffic Enforcement (if applicable, as documented below)

$0.00

$0.00

$0.00

Total MCSAP Eligible Costs Expended Federal Funds Expended (80%)
State Matching Funds Expended (20%) Total Grant Funds Expended2

$6,550,226.16 $4,236,854.35
$847,370.87
$5,084,225.22

$8,024,547.24 $5,203,683.36 $1,040,736.67
$6,244,420.03

$8,503,226.68 $5,692,381.12 $1,138,476.22
$6,830,857.34

MOE Funds Expended $1,466,000.94 $1,780,127.20 $1,672,369.33

Aggregate Average Maintenance of Effort for 2010

$1,639,499.16

1 MCSAP Eligible Expenses are those actual costs incurred which were eligible for reimbursement under the

MCSAP program (see 350.311), including all MCSAP-eligible expenses incurred by 1) any State agency; and

2) any local agency expected to receive MCSAP

2 The "Total Grant Funds Expended" should include the federal grant funds and corresponding state matching funds expended on MCSAP-eligible activities.

SAFETEA-LU Documented CMV/Non-CMV Traffic Enforcement (TE) w/o Safety Inspection

Calculation

CMV Driver Citations/Warnings Issued or Non-CMV Driver Citations/Warnings Issued to Improve CMV Safety

(See State Programs Policy Reference Guideline SP-06-003-GE dated April 27, 2006)

FY 2005

FY 2006

FY 2007

# of Citations

-

-

-

Average Hourly Salary

$0.00

$0.00

$0.00

Average Hours Per Citation (i.e., 0.25 or 0.5, etc)

-

-

-

Documented TE Expenditures

$0.00

$0.00

$0.00

Vehicles:
FY 2005 FY 2006 FY 2007

DMVS 10 Sedans 61 Sedans, 30 SUV's, 4 Trucks

Computers: FY 2005 FY 2006 FY 2007

DMVS 90 Laptops, 101 Desktops, 1 Server 65 Laptops

Note: The MOE for FY 2005 and FY 2006 have changed due to the recent MCSAP review

38

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

GRANTS AND CERTIFICATION DOCUMENTS
SIGNATURE AUTHORITY DESIGNATION

MCSAP- 1 Grant Application:

Name: Title: Agency: Phone: E-Mail:

Colonel Bill Hitchens Commissioner Georgia Department of Public Safety 404-624-7477 bhitchens@gsp.net

State Certification:

Name: Title: Agency: Phone: E-Mail:

Colonel Bill Hitchens Commissioner Georgia Department of Public Safety 404-624-7477 bhitchens@gsp.net

MCSAP-2 Grant Agreement

Name: Title: Agency: Phone: E-Mail:

Joseph Hood Comptroller Georgia Department of Public Safety 404-624-7855 jhood@gsp.net

MCSAP-2A Grant Agreement

Name: Title: Agency: Phone: E-Mail:

Joseph Hood Comptroller Georgia Department of Public Safety 404-624-7855 jhood@gsp.net

MCSAP PR-20 Voucher

Name: Title: Agency: Phone: E-Mail:

Robert Orange Accounting Director Georgia Department of Public Safety 404-624-7894 rorange@gsp.net

Regulatory Compatibility Certificate:

Name: Title: Agency: Phone: E-Mail:

Colonel Bill Hitchens Commissioner Georgia Department of Public Safety 404-624-7477 bhitchens@gsp.net

39

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
MCSAP-1 GRANT APPLICATION
40

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
STATE CERTIFICATION - Fiscal Year 2010
I, Colonel Bill Hitchens, Commissioner of the Georgia Department of Public Safety, on behalf of the State of Georgia, 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. (*See Note)
2. The State has designated the Georgia Department of Public Safety as the lead agency to administer the CVSP for the grant sought 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 must maintain the average aggregate expenditure of the State and its political subdivisions, exclusive of Federal assistance and State matching funds, for CMV safety programs eligible for funding under the Basic program at a level at least equal to the average level of expenditure for Federal fiscal years 2006, 2007, and 2008. These expenditures must cover at least the following four program areas, as applicable:
a. Motor carrier safety programs in accordance with 49 CFR 350.109. b. Size and weight enforcement programs in accordance with
49 CFR 350.309(c)(1). c. Drug interdiction enforcement programs in accordance with
49 CFR 350.309(c)(2). d. Traffic safety programs in accordance with 49 CFR 350.309(d).
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.
41

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
42

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
43

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
REGULATORY COMPATIBILITY REVIEW (cont.)
In January, 2009, the Department of Public Safety's, Motor Carrier Compliance Division underwent a MCSAP on-site review. During the review, several finding were noted regarding regulatory incompatibilities. These finding are shown below along with the action plan and date of completion.

GA/FI-1.

49 CFR 350.201(a) Compatible Adoption and Enforcement The State does not appropriately adopt and enforce State safety laws and regulations that are fully compatible with the Federal Motor Carrier Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs) as specified below. The definition section of Title 46 of the Georgia Code (O.C.G.A. 46-1-1) effectively excludes certain intrastate motor carrier operations from Chapter 1 of the Rulebook, i.e., Motor Carrier Safety Regulations (see O.C.G.A. 46-1-1(9)(c)). Most of these exclusions either are consistent with exclusions contained in 49 CFR Part 390 or are specific industry exceptions, which, according to the State, have been in effect continuously since well before 1988. Therefore, they fall within the tolerance guidelines in 49 CFR 350.341(c). However, there are other exclusions that are incompatible with the FMCSRs for the reasons discussed below.
a. 49 CFR Part 390 Exclusion from FMCSRs The State's exclusion from the definitions of "motor common carrier" and "motor contract carrier" in O.C.G.A. 46-11(C)(ii), and referred to in DPS Rule 1-390 of "taxi cabs, drays, trucks, buses, and other motor vehicles which operate within the corporate limits of municipalities and are subject to regulation by the governing authorities of such municipalities" is not compatible with the FMCSRs.
Being excluded from the definition of common and contract motor carriers means that the excluded vehicles are not subject to regulations of the DPS applicable to intrastate commerce. The State refers to this exclusion in its self-evaluation (Inventory, Appendix A, Item A-1), and contends that it has been in effect since before 1988, and consequently, falls within the tolerance in 49 CFR 350.341(c). However, 49 CFR 350.341(c) is relevant only if the exclusion applies to specific industries operating in intrastate commerce. The State exclusion in O.C.G.A. 46-11(9)(C)(ii) does not specify an industry and is therefore not within the tolerable exception in 49 CFR 350.341(c).
The further limitation in the State law that the exclusion only applies to motor vehicles that are subject to regulation by the municipalities in which they operate is similar to the Federal definition "exempt intracity zones" in 49 CFR 390.5. The Federal definition serves only to equate operations within exempt intracity zones with intrastate commerce and hence not subject to Federal jurisdiction. (Compare State definition at DPS Rule 1-390.5.) For the purpose of MCSAP funding, it is assumed that the State has authority to regulate motor carrier safety in intrastate commerce throughout the State. Excluding motor carrier operations from State regulations is a variance from that basic assumption, and is not included in the tolerance guidelines in 49 CFR 350.341. Consequently, the exclusion is incompatible. (Per Regulatory Review)
Action Plan: This will require legislative changes. Georgia will make a good faith effort to have comprehensive Legislation introduced and passed in the 2010 General Assembly Session.
Estimated Completion Date: July 1, 2010
Date Completed:

44

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
b. 49 CFR 390.3(f) and 390.5 Applicability and Definitions The State's definition of "commercial motor vehicle" in DPS Rule 1-390.5 is incompatible with the FMCSRs.
DPS Rule 1-390.3(f)(6) provides exceptions for "commercial motor vehicles designed or used to transport between 9 and 16 passengers (including the driver)." The exceptions are identical to those provided in 49 CFR 390.3(f) in the FMCSRs. The identical sets of exceptions are limited so as to require motor carriers operating "such vehicles" to comply with 390.15, 390.19, and 390.21(a) and (b). The DPS Rule 1390.5 definition of "commercial motor vehicle" does not include vehicles designed or used to transport between 9 and 16 passengers (including the driver), but rather limits the category of passenger-carrying vehicles in the commercial motor vehicle (CMV) definition to vehicles "designed or used to transport 16 or more (sic), including the driver." Consequently, vehicles "designed or used to transport between 9 and 16 passengers" are not "commercial motor vehicles" for purposes of applying the DPS regulations, and to this extent, the definition of "commercial motor vehicle" in DPS Rule 1-390.5 is incompatible. (NOTE: The Georgia statutory definition of "commercial motor vehicle" at O.C.G.A. 40-1-1(8.3) is identical to the Federal definition in 49 CFR 390.5.) (Per Regulatory Review)
Action Plan: This will require rulemaking by the Department. We will have to review the effect of 2009 Legislation on our rulemaking procedures, but will proceed with rulemaking after that review.
Estimated Completion Date: December 1, 2009
Date Completed:
c. 49 CFR 393.42 Brakes required on all wheels The State's DPS Rule 1393.42(c) requiring operating brakes on at least half of the axles on equipment used to transport houses or buildings is not compatible with 49 CFR 393.42(b)(6), which does not have the same requirement.
DPS Rule 1-393.42(c) requires manufactured houses, other portable buildings, trailers and dollies used in the transport of the houses or buildings to be equipped with operating brakes on at least half of the axles. The requirement in DPS Rule 1-393.42(c) is more stringent than the comparable Federal rule at 49 CFR 393.42(b)(6), which does not require the axles on specialized trailers or dollies used in house-moving or similar operations to be
equipped with brakes, provided the speed and stopping capacity of the combination of vehicles used in the transportation meets the specified standard. The State rule is not limited to intrastate movements and requires the brakes regardless of speed and stopping capacity of the combination of vehicles in use.
The State rule creates a potential burden on interstate commerce and is, therefore, incompatible. (Per Regulatory Review)
This will require rulemaking by the Department. We will have to review the effect of 2009 Legislation on our rulemaking procedures, but will proceed with rulemaking after that review.
Estimated Completion Date: December 1, 2009
Date Completed:
45

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
d. 49 CFR 393.52 Brake performance State law at O.C.G.A. 40-8-53, which sets the standard for brake performance, is incompatible with 49 CFR 393.52.
The DPS has adopted 49 CFR 393.52 into its Rulebook as 1-393.52, but State law at O.C.G.A. 40-8-53 contains a less inclusive standard for required braking capacity. The State law has only two standards: one for vehicles or combination vehicles with brakes on all wheels, and one for vehicles or combination vehicles not having brakes on all wheels. The performance standards in the State law are based on the distance required to stop a vehicle after application of brakes while the vehicle is traveling at 20 miles per hour (mph) (i.e., 30 feet for the first category [brakes on all wheels] and 40 feet for the second [brakes not on all wheels]) and deceleration capacity in feet per second (fps) (i.e., 14 fps in the first category and 10.5 fps in the second category).
DPS Rule 1-393.52 and 49 CFR 393.52 separate standards into five categories of vehicles: two standards for passenger-carrying vehicles depending on seating capacity and three standards for property-carrying vehicles depending on weight and number of units.
The standard for the passenger-carrying vehicles in both categories ranges from 20 to 25 feet in stopping distance at 20 mph, and 17 to 21 fps in deceleration capacity.
The first two standards in the property-carrying categories are for lighter weight vehicles. For single unit vehicles less than 10,000 pounds gross vehicle weight rating (GVWR), the Federal standard is stopping within 25 feet from a speed of 20 mph and deceleration capacity of 17 fps. For single unit vehicles over 10,000 pounds GVWR, except truck tractors, the standard is stopping within 35 feet from a speed of 20 mph and deceleration capacity of 14 fps. The third standard is for all other propertycarrying vehicles or combination vehicles. The third standard category, which includes all property-carrying vehicles in combinations over 10,000 pounds GVWR, is 40 feet of stopping distance when brakes are applied at 20 mph and 14 fps in deceleration capacity. The Federal standards also include a third performance standard, which is based on braking force as a percentage of GVWR or gross combination weight rating (GCWR), which is absent from the State law at O.C.G.A. 40-8-53. Although there is relatively little difference in the State's statutory standard, when considering only the "all-other" category of the Federal standard, it is the absence of more representative categories and a braking force standard in the State statute that is incompatible. See Recommendation 2 below. (Per Regulatory Review)
Action Plan: This will require legislative changes. Georgia will make a good faith effort to have comprehensive Legislation introduced and passed in the 2010 General Assembly Session.
Estimated Completion Date: July 1, 2010
Date Completed:
e. 49 CFR 393.60 Glazing in specified openings State law at O.C.G.A. 40-873.1(b) regarding tinting standards, is incompatible with 49 CFR 393.60.
While DPS rule 1-393.60 is identical to 49 CFR 393.60, O.C.G.A. 40-8-73.1(b), which applies to all motor vehicles in Georgia, is incompatible with 49 CFR 393.60 in the standard for tinting the windshield and side windows. The Georgia law allows no
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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
diminution in the parallel luminous transmission through the windshield from coloring or tinting, while the Federal rules allow tinting so long as luminous transmission remains at no less than 70 percent of normal. The application of the standard is not limited to intrastate commerce so it could have an adverse effect on interstate commerce, and it is, therefore, incompatible.
The statutory standard in the State allows tinting of side windows so long as the luminous transmission through the window is no less than 32 percent of normal. The limit of the Federal standard is no less than 70 percent of normal. In this case, the State statutory standard is less stringent than the Federal, does not fall within the tolerance guidelines in 49 CFR 350.341, and is, therefore, incompatible. (Per Regulatory Review)
Action Plan: This will require legislative changes. Georgia will make a good faith effort to have comprehensive Legislation introduced and passed in the 2010 General Assembly Session.
Estimated Completion Date: July 1, 2010
Date Completed:
f. 49 CFR 393.75 Tires State law at O.C.G.A. 40-8-74, which sets the standard for tire treads, is incompatible with 49 CFR 393.75.
DPS Rule 1-393.75 and 49 CFR 393.75 both set the standard for minimum tread depth of the tires on the front wheels of a bus, truck, or truck tractor at 4/32 of an inch and 2/32 of an inch on other tires. State law at O.C.G.A. 40-8-74 sets the standard for all tire treads at 2/32 of an inch, except for school buses. (Per Regulatory Review)
Action Plan: This will require legislative changes. Georgia will make a good faith effort to have comprehensive Legislation introduced and passed in the 2010 General Assembly Session.
Estimated Completion Date: July 1, 2010
Date Completed:
g. 49 CFR 393.80 Rear-vision mirrors State law at O.C.G.A. 40-8-72, which only requires one rear-view mirror, is incompatible with 49 CFR 393.80.
Although DPS Rule 1-393.80 is identical to 49 CFR 393.80 in the FMCSRs, requiring all trucks, truck tractors, and buses to be equipped with two rear-vision mirrors, one at each side, State law at O.C.G.A. 40-8-72 only requires one rear-vision mirror. (Per Regulatory Review)
Action Plan: This will require legislative changes. Georgia will make a good faith effort to have comprehensive Legislation introduced and passed in the 2010 General Assembly Session.
Estimated Completion Date: July 1, 2010
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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
Date Completed: h. 49 CFR 393.87 Warning flags on projecting loads State law at O.C.G.A. 40-8-
27(a), which only requires one 12-inch square flag, is incompatible with 49 CFR 393.87. Although DPS Rule 1-393.87 is identical to 49 CFR 393.87 regarding the number, size, and location of warning flags on projecting loads, State law at O.C.G.A. 40-827(a) is incompatible because it requires only one 12-inch square flag, where 49 CFR 393.87 requires two 18-inch square flags. (Per Regulatory Review) Action Plan: This will require legislative changes. Georgia will make a good faith effort to have comprehensive Legislation introduced and passed in the 2010 General Assembly Session. Estimated Completion Date: July 1, 2010
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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
REGULATORY COMPATIBILITY REVIEW (cont.)

During the State of Georgia's 2009 Legislative Session, the following bills were passed regarding the Unified Registration Act, Surge Brakes, and Civilian Weight Inspectors.

(1) 09 HB 57/AP House Bill 57 (AS PASSED HOUSE AND SENATE) By: Representatives Powell of the 29th and Rice of the 51st

A

BILL

TO

BE

ENTITLED

AN ACT

To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of

motor vehicles, so as to define certain terms and fees; to change certain provisions relating to motor carrier

permitting; to designate the Department of Revenue as the agency responsible for the administration of the federal

Unified Carrier Registration Act of 2005; to amend Title 46 of the Official Code of Georgia Annotated, relating to

public utilities and public transportation, so as to repeal and reserve certain provisions; to provide that certain

provisions are unenforceable; to provide that identification requirements shall comply with the applicable provisions of

the federal Unified Carrier Registration Act of 2005; to provide for promulgation of rules; to provide exemptions from

application of provisions; to provide for related matters; to provide for effective dates and applicability; to repeal

conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by revising Code Section 40-2-1, relating to definitions, as follows: "40-2-1. As used in this chapter, the term: (1) 'Cancellation of vehicle registration' means the annulment or termination by formal action of the department of a person's vehicle registration because of an error or defect in the registration or because the person is no longer entitled to such registration. The cancellation of registration is without prejudice and application for a new registration may be made at any time after such cancellation. (2) 'Commissioner' means the state revenue commissioner. (3) 'Department' means the Department of Revenue. (4) 'Motor carrier' means: (A) Any entity subject to the terms of the Unified Carrier Registration Agreement pursuant to 49 U.S.C. Section 14504a whether engaged in interstate or intrastate commerce, or both; or (B) Any entity defined by the commissioner, commissioner of public safety, or Public Service Commission who operates or controls commercial motor vehicles as defined in 49 C.F.R. Section 390.5, Title 46, or this chapter whether operated in interstate or intrastate commerce, or both. (5) 'Operating authority' means the registration required by 49 U.S.C. Section 13902, 49 C.F.R. Part 365, 49 C.F.R. Part 368, and 49 C.F.R. Section 392.9a. (6) 'Regulatory compliance inspection' means the examination of facilities, property, buildings, vehicles, drivers, employees, cargo, packages, records, books, or supporting documentation kept or required to be kept in the normal course of motor carrier business or enterprise operations. (4)(7) 'Resident' means a person who has a permanent home or abode domicile in Georgia and to which, whenever he or she is having been absent, he or she has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that any person who, except for infrequent, brief absences, has been present in the state for 30 or more days is a resident. (5)(8) 'Revocation of vehicle registration' means the termination by formal action of the department of a vehicle registration, which registration shall not be subject to renewal or restoration reinstatement, except that an application for a new registration may be presented and acted upon by the department after the expiration of the applicable period of time prescribed by law. (6)(9) 'Suspension of vehicle registration' means the temporary withdrawal by formal action of the department of a vehicle registration, which temporary withdrawal shall be for a period specifically designated by the department."

SECTION 2. Said title is further amended by inserting a new article to read as follows:

"ARTICLE 6A

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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
40-2-140. (a) The Department of Revenue shall be the state agency responsible for the administration of the federal Unified Carrier Registration Act of 2005, which includes participating in the development, implementation, and administration of the Unified Carrier Registration Agreement. (b) Every foreign or domestic motor carrier, leasing company leasing to a motor carrier, broker, or freight forwarder that engages in interstate commerce in this state shall register with the commissioner or a base state and pay all fees as required by the federal Unified Carrier Registration Act of 2005. (c)(1) Any motor carrier, leasing company leasing to a motor carrier, broker, or freight forwarder that engages in intrastate commerce and operates a motor vehicle on or over any public highway of this state shall register with the commissioner and pay a fee determined by the commissioner. (2) No motor carrier shall be issued a registration unless there is filed with the commissioner or the Federal Motor Carrier Safety Administration or any successor agency a certificate of insurance for such applicant or holder, on forms prescribed by the commissioner, evidencing a policy of indemnity insurance by an insurance company licensed to do business in this state. Such policy shall provide for the protection of passengers in passenger vehicles and the protection of the public against the negligence of such motor carrier, and its servants or agents, when it is determined to be the proximate cause of any injury. The commissioner shall determine and fix the amounts of such indemnity insurance and shall prescribe the provisions and limitations thereof. The insurer shall file such certificate. Failure to file any form required by the commissioner shall not diminish the rights of any person to pursue an action directly against a motor carrier's insurer. The insurer may file its certificate of insurance electronically with the commissioner. (3) The commissioner shall have the power to permit self-insurance in lieu of a policy of indemnity insurance whenever in his or her opinion the financial ability of the motor carrier so warrants. (4) Any person having a cause of action, whether arising in tort or contract, under this Code section may join in the same cause of action the motor carrier and its insurance carrier. (d) Before any motor carrier engaged in exempt passenger intrastate commerce shall operate any motor vehicle on or over any public highway of this state, the motor carrier shall register with the commissioner and pay a fee determined by the commissioner. (e) In addition to any requirements under the federal Unified Carrier Registration Act of 2005, motor carriers required to have operating authority shall fulfill all applicable requirements for obtaining operating authority prior to any operation of a motor vehicle to which such requirements apply. (f) The commissioner shall collect the fees imposed by this Code section and may establish rules and regulations and prescribe such forms as are necessary to administer this Code section and the federal Unified Carrier Registration Act of 2005. Notwithstanding the provisions of Code Sections 40-2-131 and 48-2-17, the commissioner shall retain and utilize such fees for motor carrier safety programs and enforcement and administration of this article. (g) The commissioner of public safety, and persons he or she designates pursuant to Chapter 2 of Title 35, shall have the authority to perform regulatory compliance inspections under the provisions of Article 5 of Chapter 2 of Title 35 for purposes of determining compliance with laws and regulations, the enforcement and administration of which is the responsibility of the Department of Public Safety. (h) Every officer, agent, or employee of any corporation and every person who fails to comply with this article and any order, rule, or regulation of the Public Service Commission, Department of Public Safety, or Department of Revenue, or who procures, aids, or abets therein, shall be guilty of a misdemeanor. Misdemeanor violations of this article may be prosecuted, handled, and disposed of in the manner provided for in Chapter 13 of this title."
SECTION 3. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by revising Code Section 46-7-12.1, relating to motor carriers' requirements as to obtaining indemnity insurance or selfinsurance before issuance of permit, in its entirety as follows: "46-7-12.1. (a) As used in this Code section, the term: (1) 'Motor carrier transportation contract' means a contract, agreement, or understanding covering: (A) The transportation of property for compensation or hire by the motor carrier; (B) Entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or (C) A service incidental to activity described in subparagraph (A) or (B) of this paragraph, including, but not limited to, storage of property. Motor carrier transportation contract shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Associaton of North America or other agreements providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment. (2) 'Promisee' means the promisee and any agents, employees, servants, or independent contractors who are directly responsible to the promisee except for motor carriers party to a motor carrier transportation contract with a promisee and such motor carrier's agents, employees, servants, or independent contractors directly responsible to such motor carrier.
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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
(b) Notwithstanding any provision of law to the contrary, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this state and is void and unenforceable."
SECTION 4. Said title is further amended by repealing and reserving subsections (a) through (d) of Code Section 46-7-15, relating to registration and licensing of motor carriers and cities and counties barred from levying taxes on carriers.
SECTION 5. Said title is further amended by repealing Code Section 46-7-15.1, relating to motor carrier of property permits, in its entirety.
SECTION 6. Said title is further amended by repealing and reserving Code Section 46-7-16, relating to registration and insurance for motor carriers engaged solely in interstate commerce; emergency, temporary, or trip-lease vehicle registration permits; late registration and identification; reciprocal agreements; and certificate not required.
SECTION 7. Said title is further amended by revising Code Section 46-7-26, relating to the authority of the commissioner to
promulgate rules and regulations for safety, as follows: "46-7-26. (a) The commissioner of public safety shall have the authority to promulgate rules and regulations for the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials. Any such rules and regulations promulgated or deemed necessary by the commissioner of public safety shall include the following: (1) Every motor vehicle and all parts thereof shall be maintained in a safe condition at all times; and the lights, brakes, and equipment shall meet such safety requirements as the commissioner of public safety shall from time to time promulgate; (2) Every driver employed to operate a motor vehicle for a motor carrier shall be at least 18 years of age, of temperate habits and good moral character, possess a valid driver's license, not use or possess prohibited drugs or alcohol while on duty, and shall be fully competent to operate the motor vehicle under his or her charge; (3) Accidents arising from or in connection with the operation of motor common or contract carriers shall be reported to the commissioner of transportation in such detail and in such manner as the commissioner of transportation may require; and (4) The commissioner of public safety shall require every motor common, contract, exempt, and contract carrier private carrier's vehicles to have attached to each unit or vehicle such distinctive markings or tags as shall be adopted by the commissioner of public safety. Such identification requirements shall comply with the applicable provisions of the federal Unified Carrier Registration Act of 2005. (b) Regulations governing the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials may be adopted by administrative order, including, but not limited to, referencing compatible federal regulations or standards without compliance with the procedural requirements of Chapter 13 of Title 50, provided that such compatible federal regulations or standards shall be maintained on file by the Department of Public Safety and made available for inspection and copying by the public, by means including, but not limited to, posting on the department's computer Internet site. The commissioner of public safety may comply with the filing requirements of Chapter 13 of Title 50 by filing with the office of the Secretary of State merely the name and designation of such rules, regulations, standards, and orders. The courts shall take judicial notice of rules, regulations, standards, or orders so adopted or published. (c) The commissioner of public safety may, pursuant to rule or regulation, specify and impose civil monetary penalties for violations of laws, rules, and regulations relating to driver and motor carrier safety and transportation of hazardous materials. Except as may be hereafter authorized by law, the maximum amount of any such monetary penalty shall not exceed the maximum penalty authorized by law or rule or regulation for the same violation immediately prior to July 1, 2005."
SECTION 8. Said title is further amended by revising Code Section 46-7-37, relating to private carriers excepted from application of article; safety rules authorized; and certificates or permits not required, as follows: "46-7-37. (a) Except as otherwise provided in subsection (b) of this Code section, this article shall not apply to private carriers engaged exclusively in the transportation of goods belonging to the individual, firm, partnership, corporation, or association owning, controlling, operating, or managing the motor vehicle in private transportation over any public highway in this state.
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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
(b) The commission shall have the authority to promulgate rules designed to promote safety of private carriers. Every motor vehicle of a private carrier and all parts thereof shall be maintained in a safe condition at all times; and the carrier's equipment shall meet such safety requirements as the commission shall from time to time promulgate. Private carriers shall be subject to the requirements of Code Sections 46-7-26 and 46-7-27, as well as the jurisdiction of the commissioner of public safety, pursuant to Article 5 of Chapter 2 of Title 35. (c) Private carriers are not required to hold certificates or permits issued by the commission."
SECTION 9. Said title is further amended by revising Code Section 46-7-39, relating to the penalty for failure to comply with Chapter 7 of such title, as follows: "46-7-39. (a) Every officer, agent, or employee of any corporation and every person who violates or fails to comply with this chapter relating to the regulation of motor carriers, or any order, rule, or regulation of the Public Service Commission, Department of Public Safety, or Department of Revenue, or who procures, aids, or abets therein, shall be guilty of a misdemeanor. (b) No person shall drive or operate, or cause the operation of, a motor vehicle in violation of an out-of-service order. As used in this subsection, the term 'out-of-service order' means a temporary prohibition against operating as a carrier or driving or moving a motor vehicle, freight container or any cargo thereon, or any package containing a hazardous material. (c) Misdemeanor violations of this chapter may be prosecuted, handled, and disposed of in the manner provided for by Chapter 13 of Title 40."
SECTION 10. (a) Section 3 of this Act shall become effective on July 1, 2009, and shall apply to contracts entered into on or after such date. (b) Sections 4 and 5 of this Act shall become effective October 1, 2009, for the purpose of adopting rules and regulations to implement the federal Unified Carrier Registration Act of 2005. (c) The remaining sections of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

(2) Senate Bill 128 By: Senators Shafer of the 48th, Hudgens of the 47th, Pearson of the 51st, Hawkins of the 49th, Mullis of the 53rd and others

AS PASSED

AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for the regulation of trailers, to provide for the issuances, at the registration and licensing of motor vehicles, and so as to provide for the issuances, at the option of the owner, of permanent license plates for boat trailers, utility trailers, and noncommercial cattle and livestock trailers; to provide for fees; to provide that such license plates shall not be transferable; to provide for administration; to update certain provisions relating to surge brakes; to provide for effective dates; and for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by revising subparagraph (A) of paragraph (1) of subsection (a) of Code Section 40-2-20, relating to registration and license requirements, extension of registration period, and penalties, as follows: "(a)(1)(A) Except as provided in subsection (b) of this Code section and subsection (a) of Code Section 40-2-47, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, during the owner's registration period in each year, register such vehicle as provided in this chapter and obtain a license to operate it for the 12 month period until such person's next registration period."

SECTION 2.

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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
Said chapter is further amended by revising Code Section 40-2-47, relating to permanent registration and license plates for certain trailers and the definition of "leased or rented trailer," as follows:
"40-2-47. (a) Notwithstanding any other provision of this chapter to the contrary, the owner of any trailer, including: (1) Any leased or rented trailer and including single pole and twin-beam trailers and other trailers used in commercial logging or commercial trailers used for the hauling of unprocessed farm products used as or in connection with a motor vehicle, truck, or tractor used as a common or contract carrier for hire, a private carrier, or a motor carrier of property; or (2) Any boat trailer, utility trailer, or noncommercial cattle and livestock trailer, shall have the option of obtaining a permanent registration and license plate for such trailer, in lieu of an annual registration and license plate, upon the payment of the one-time fee specified in Code Section 40-2-151 and compliance with the provisions of this Code section. (b) The certificate of registration and license plate issued for a specific trailer under this Code section shall continue to be valid for the duration of the owner's interest in such trailer. No registration or license plate issued for any trailer under this Code section shall be transferred for any reason and a new registration and license plate shall be required when ownership of the trailer is transferred to a new owner. The payment of the fee for a permanent registration and license plate shall be in addition to and not in lieu of the payment of annual ad valorem taxes on such trailer during the period of December 1 to February 15. (c) As used in this Code section, the term 'leased or rented trailer' means any utility trailer that is owned by and leased or rented out by a person, firm, or corporation in the business of leasing or renting out such trailers."
SECTION 3. Said chapter is further amended by revising subsection (b) of Code Section 40-2-151, relating to annual license fees for operation of vehicles and fee for permanent licensing of certain trailers, as follows: "(b) In lieu of the annual fee provided in paragraphs (6), (7) or (8) of subsection (a) of this Code section, the optional one-time fee for a permanent registration and license plate for: (1) Any trailer used as or in connection with a motor vehicle, truck, or tractor used as a common or contract carrier for hire, a private carrier, or a motor carrier of property; or (2) Any boat trailer, utility trailer, or noncommercial cattle and livestock trailer authorized to obtain a permanent registration and license plate under the provisions of Code Section 40-2-47 shall be $48.00."
SECTION 3A. Said title is further amended by revising Code Section 40-8-50, relating to brakes required on motor vehicles, as follows: "40-8-50. (a) As used in this Code section, the term: (1) 'Gross combination weight rating (GCWR)' means the combined gross vehicle weight ratings of all vehicles in a combination of vehicles. (2) 'Gross vehicle weight rating (GVWR)' means the value specified by the manufacturer or manufacturers as the maximum loaded weight of a single or a combination (articulated) vehicle, the actual gross weight, or registered gross weight, whichever is greater. (3) 'Hazardous material' has the meaning provided by Chapter 51 of Title 49 of the United States Code Annotated. (4) 'Surge brakes' means a self-contained, permanently closed hydraulic brake system for trailers that relies on inertial forces, developed in response to the braking action of the towing vehicle, applied to a hydraulic device mounted on or connected to the tongue of the trailer to slow down or stop the towed vehicle. (b) Every motor vehicle, other than a motorcycle or motor driven cycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure on any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels. (c) Every motorcycle and motor driven cycle manufactured after January 1, 1974, when operated upon a highway, shall be equipped with at least two brakes which may be operated by hand or foot. (d) Except as otherwise provided in subsection (e) of this Code section, every trailer or semitrailer of 3,000 pounds gross weight or more shall be equipped with brakes on all wheels. Any farm trailer with two or more wheels, pulled from a tongue, used in or operated for farm purposes, including transporting fertilizer and agricultural materials to the farm, shall not be required to have an independent braking system thereon, provided such farm trailer shall not weigh over 4,000 pounds when empty. (e) Any trailer or semitrailer may utilize surge brakes, subject to the following conditions and limitations: (1) The gross vehicle weight rating or the actual gross weight of any surge brake equipped trailer or semitrailer does not exceed 20,000 pounds;
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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
(2) For trailers and semitrailers with a gross vehicle weight rating of 12,000 pounds or less, the gross vehicle weight rating of any such trailer shall not exceed 1.75 times the gross vehicle weight rating of the towing vehicle; (3) For trailers and semitrailers with a gross vehicle weight rating greater than 12,000 pounds, but less than 20,001 pounds, the gross vehicle weight rating of any such trailer shall not exceed 1.25 times the gross vehicle weight rating of the towing vehicle; (4) The actual gross weight of the trailer or semitrailer and load does not exceed the manufacturer's gross vehicle weight rating; (5) The trailer or semitrailer brakes must be designed and connected in such a manner that in case of accidental breakaway of the towed vehicle the brakes shall apply automatically; and (6) For vehicles used for commercial purposes, the vehicle or combination of vehicles complies in all other respects with licensing, insurance, registration, identification, driver and vehicle safety, and hazardous materials regulations of the Department of Public Safety and United States Department of Transportation applicable to such vehicles or combination of vehicles. (f) Where there is no manufacturer's gross vehicle weight rating or the manufacturer's gross vehicle weight rating is exceeded in violation of paragraph (4) of subsection (e) of this Code section, then the actual gross weight of the trailer or semitrailer shall be used to determine compliance with paragraphs (2) and (3) of subsection (e) of this Code section."
SECTION 4. Section 3A of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The remaining sections of this Act shall become effective on January 1, 2010, and shall apply to registration and licensing of trailers on and after such date.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
(3) 09 LC 35 1296S/AP House Bill 343 (AS PASSED HOUSE AND SENATE) By: Representatives Collins of the 27th, Chambers of the 81st, Martin of the 47th, Hamilton of the 23rd, Day of the 163rd, and others
A BILL TO BE ENTITLED AN ACT
To amend Article 5 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Motor Carrier Compliance Division of the Department of Public Safety, so as to provide for the position of weight inspector for the Motor Carrier Compliance Division of the Department of Public Safety; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Motor Carrier Compliance Division of the Department of Public Safety, is amended in Code Section 35-2-100, relating to the creation of members designated as law enforcement officers, as follows: "35-2-100. There is created and established a division of the Department of Public Safety to be known as the Motor Carrier Compliance Division,. Except as provided in Code Section 35-2-102, the members of which the Motor Carrier Compliance Division shall be known and designated as 'law enforcement officers.'"
SECTION 2. Said article is further amended by adding a new Code section to read as follows: "35-2-102. (a) The commissioner is authorized to establish a position to be known as 'weight inspector' within the Motor Carrier Compliance Division of the Department of Public Safety. Weight inspectors shall be assigned to fixed scales facilities and shall not be authorized to operate outside such facilities. The number of such positions shall be determined by
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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
the commissioner within the limits set by available appropriations. Weight inspectors may be divided into such ranks as the commissioner deems appropriate. (b) The commissioner shall ensure that a weight inspector is properly trained regarding laws governing commercial motor vehicle weight, registration, size, and load, including, but not limited to, commercial motor vehicle provisions in Article 2 of Chapter 6 of Title 32 and safety standards for commercial motor vehicles and such motor vehicle components. The training required in the areas required by this subsection shall be equivalent to training provided to certified officers in the Motor Carrier Compliance Division. (c) A weight inspector, at the fixed scales facility, shall be authorized to: (1) Enforce noncriminal provisions relating to commercial motor vehicle weight, registration, size, and load and assess a civil penalty for a violation of such provisions; and (2) Detain a commercial motor vehicle that: (A) Has a safety defect which is critical to the continued safe operation of the vehicle; (B) Is being operated in violation of any criminal law; or (C) Is being operated in violation of an out-of-service order as reported on the federal Safety and Fitness Electronic Records data base. The detention authorized by this paragraph shall be for the purpose of contacting a certified member of the Motor Carrier Compliance Division or Georgia State Patrol. A certified officer shall report to the scene of a detained vehicle and take any further action deemed appropriate including completing the inspection and investigation, making an arrest, or bringing criminal or civil charges. (d) A weight inspector is not a peace officer and shall not be authorized to carry a firearm or exercise any power of arrest other than a citizen's arrest in accordance with Code Sections 17-4-60 and 17-4-61. At all times while a weight inspector is on duty, there shall be a supervisor over the weight inspector also on duty who shall be a certified peace officer."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
NON DISCRIMINATION AGREEMENT
Georgia Department of Public Safety 959 East Confederate Avenue Atlanta, Georgia 30371
NON-DISCRIMINATION AGREEMENT
The Georgia Department of Public Safety, (hereinafter referred to as the "Recipient" or "DPS") hereby agrees to comply with the following Federal statutes, U. S. Department of Transportation and Federal Motor Carrier Safety Administration Regulations, and the policies and procedures promulgated by the Federal Motor Carrier Safety Administration, as a condition to receipt of Federal Funds.
TITLE VI CIVIL RIGHTS ACT OF 1964 Title VI of the Civil Rights Act of 1964, as amended, provides that no person shall on the ground of race, color, national origin, sex, age, and handicap/disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Further, the Civil Rights Restoration Act of 1987 amended Title VI to specify that entire institutions receiving Federal funds--whether schools and colleges, government entities, or private employers must comply with the Federal civil rights laws, rather than just the particular programs or activities that receive the funds. If a unit of a State or local government is extended Federal-aid and distributes such aid to another governmental entity, all of the operations of the recipient and their subrecipients are covered.
ASSURANCES
The Georgia Department of Public Safety, HEREBY GIVES ASSURANCES: 1. That no person shall on the grounds of race, color, national origin, sex, age and handicap/disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the recipient regardless of whether those programs and activities are federally funded or not.
Activities and programs which the recipient agrees to carry out in compliance with Title VI and related Acts includes but are not limited to:
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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

Traffic Enforcement Commercial Motor Vehicle Inspections and Compliance Reviews Size & Weight Enforcement Motor Carrier Regulation

2.

That the Department of Public Safety will immediately take the necessary measures to enact this

agreement.

3.

That each "program", "activity", and "facility" as defined in 49 CFR 21.23(b) and (e), and the Civil

Rights Restoration Act of 1987 will be conducted, or will be operated in compliance with the

nondiscriminatory requirements imposed by, or pursuant to, this agreement.

4.

That these assurances are given in consideration of and for the purpose of obtaining any and all

Federal Grants, contracts, property or other Federal financial assistance extended after the date

hereof to the recipient by the Federal Motor Carrier Safety Administration under the Motor Carrier

Safety Assistance Program and is binding on it. The person or persons whose signatures appear

below are authorized to sign these assurances on behalf of the Recipient.

5.

That the Recipient shall insert the clauses of non-discrimination in every contract subject to the

Act.

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COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
IMPLEMENTATION PROCEDURES This agreement shall serve as the Recipient's Title VI Plan pursuant to 23 CFR 200. For the purpose of this agreement, "Federal Assistance" shall include:
(A) Grants of Federal Funds. The recipient shall: (1) Issue a policy statement, signed by the Commissioner of the Georgia Department of Public
Safety, which expresses its commitment to the nondiscrimination provisions of Title VI. (2) Take affirmative action to correct any deficiencies found by the Federal Motor Carrier Safety
Administration within a reasonable time period, not to exceed 90 days, in order to implement Title VI compliance in accordance with this agreement. The Commissioner of the Georgia Department of Public Safety, or his designee, shall be held responsible for implementing Title VI requirements. (3) Designate a person or persons who shall be responsible for initiating and monitoring the Title VI activities and preparing required reports. (4) Process complaints of discrimination consistent with the provisions contained in this agreement. (5) Conduct investigations with civil rights personnel trained in discrimination complaint investigations. Identify each complainant by race, color, national origin, sex, age, and handicap/disability. List nature of complaint; the dates the complaint was filed and the investigation completed. Specify what disposition was taken; the date of disposition; and other pertinent information. A copy of the complaint, along with a copy of the recipient's report of investigation, must be forwarded to the Federal Office of Motor Carrier Safety within 60 days of the date the complaint was received by the recipient. (6) Conduct Title VI reviews of the recipient's program areas and activities. Revise any policies or procedures to include the Title VI requirements. (7) Conduct training programs on Title VI and related statutes.
(8) Shall provide all information and reports required by the Regulations or so requested by the Federal Motor Carrier Safety Administration, and shall permit access to all books, records,
58

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
accounts and facilities for the purpose of ascertaining compliance with regulations, orders and instructions.
DISCRIMINATION COMPLAINT PROCEDURE Any person who believes that he or she, individually, as a member of any specific class, or in connection with the services provided by the Motor Carrier Compliance Division of the Georgia Department of Public Safety, has been subjected to discrimination prohibited by Title VI of the Civil Rights Act of 1964, as amended, may file a complaint with the recipient. A complaint may also be filed by a representative on behalf of such a person. All complaints will be referred to the recipient's Title VI designee for review and action.
a) The Title VI representative shall provide written procedures to the complainant or their representative, outlining the appropriate procedures for filing a complaint and procedures for disposition of the complaint. All complaints must be filed in writing, no later than 180 days after the date of an alleged act of discrimination or, where there has been a continuing course of conduct, the date on which the conduct was discontinued.
b) The time for filing may be extended or the recipient or designee may waive the time limit in the interest of justice as long as he/she indicates in writing the reason for doing so.
c) All complaints must be filed in writing and signed by the complainant and/or complainant's representative. The complaint shall describe as completely as possible the facts and circumstances surrounding the alleged discrimination.
Within (10) days, the Title VI designee will acknowledge receipt of the allegation, advise the complainant of action taken or proposed method in which he/she will process the allegation. The Title VI designee shall also advise the complainant of
d) other avenues of redress available, such as the Federal Motor Carrier Safety Administration or the Federal Office of Motor Carrier Safety.
e) The Georgia Department of Public Safety will advise the Federal Office of Motor Carrier Safety within (10) working days if allegations of discrimination have been filed against the Motor Carrier Compliance Division. Generally the following information will be included in every notification: (1) Name, address and phone number of the complainant.
59

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
(2) Name(s) and address(es) of alleged discriminating official(s). (3) Basis of complaint (i.e. race, color, national origin, sex, age, disability/handicap). (4) Date of alleged act of discrimination. (5) Date complaint was received by the MCCD. (6) A statement of the complaint. (7) List of other agencies (State, Local or Federal) where the complaint
has been filed. (8) An explanation of any actions taken by the Department of Public Safety or
proposed actions to resolve the issues cited in the complaint. Within 60 days, the Title VI designee will conduct and complete an investigation of the allegation(s) and based on the information obtained, will make a recommendation for action in a report of findings to the Commissioner of the Department of Public Safety. If possible, the complaint should be resolved by informal means. Any informal negotiations and their results must be summarized in the report of findings. Within 90 days of the allegations receipt, the head of the Department of Public Safety will notify the complainant in writing of the final decision reached, including the proposed disposition of the matter. This notification should apprise the complainant of possible avenues of appeal if he/she is dissatisfied with the decision.
The Federal Office of Motor Carrier Safety must be furnished with a copy of this decision and the summary of findings.
SANCTIONS In the event the Georgia Department of Public Safety fails or refuses to comply with the terms of this agreement, the Federal Motor Carrier Safety Administration may take any or all of the following sanctions:
A. Cancel, terminate or suspend this agreement in whole or in part; B. Refuse any further assistance to the recipient under the program until satisfactory
assurance of future compliance has been received from the recipient;
60

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
C. Take any other action deemed appropriate under the circumstances, until compliance or remedial action has been accomplished by the recipient. Refer the case to the Department of Justice for appropriate legal proceedings.
This document is hereby executed this 31st day of July, 2009. ___________________________________ Colonel Bill Hitchens, Commissioner Georgia Department of Public Safety ___ ______________________________ Thomas E. Marlow, Division Administrator Federal Motor Carrier Safety Administration
61

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
DRUG FREE WORKPLACE CERTIFICATION
DRUG FREE WORKPLACE CERTIFICATION

A.

The Georgia Department of Public Safety certifies that it will continue to provide a drug-free

workplace by:

(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition:

(b) Establishing an ongoing drug-free awareness program to inform employees about:

(1) the dangers of drug abuse in the workplace; (2) the grantee's policy of maintaining a drug-free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs;
and (4) the penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;

(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a):

(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will:

(1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal
drug statute occurring in the workplace not later than 5 calendar days after such conviction;

(e) Notifying the FMCSA within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant:

(f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted:

(1) taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or

(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by Federal, State, or local health, law enforcement, or other appropriate agency.

(g) Making a good faith effort to continue to maintain a drug-free workplace through

62

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
implementation of paragraphs (a), (b), (c), (d), (e), and (f).

B.

The grantee may insert in the space provided below the site(s) for the performance of work done

in connection with the specific grant:

Place of performance (Statewide)

SEE ATTACHMENT Check

if there are workplaces on file that are not identified here.
Georgia Department of Public Safety (State Agency)

Colonel Bill Hitchens, Commissioner Date

63

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
PROGRAM CONTACTS

MCSAP Contacts
Chief Mark McLeod Chief Enforcement Officer 959 E. Confederate Ave. Atlanta, Georgia 30316 Phone: 404-624-7212 Fax: 404-624-7299
Captain Bruce Bugg Special Projects Coordinator 959 E. Confederate Ave. Atlanta, Georgia 30316 Phone: 404-624-7226 Fax: 404-624-7299
Joseph Hood Comptroller 959 E. Confederate Ave. Atlanta, Georgia 30316 Phone: 404-624-7855 Fax: 404-624-7297
Robert Orange Accounting Director 959 E. Confederate Ave. Atlanta, Georgia 30316 Phone: 404-624-7894 Fax: 404-624-7297
Jan Childers Program Operations Manager 959 E. Confederate Ave. Atlanta, Georgia 30316 Phone: 404-624-7206 Fax: 404-624-7297

DIAP Contact
Lt. J.D. Griffis Motor Carrier Compliance Division Training Facility 1001 Indian Springs Drive Forsyth, Georgia 31029 Phone: 478-993-4607
Accident Reporting Agency
Norm Cressman Department of Transportation 935 E. Confederate Avenue Atlanta, Georgia 30316 Phone: 404-635-8124
CDL Licensing
Georgia Department of Driver Services 2206 East View Parkway Conyers, Georgia 30013 Phone: 678-413-8484

SAFETYNET CONTACT
Tammy Lewis 959 E. Confederate Ave. Atlanta, Georgia 30316 Phone: 404-624-7216 Fax: 404-624-7297

64

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
DATA ANALYSIS AND TRENDS
65

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

Top 3 High Crash Counties Per Region

MCCD Region County

Bartow

1

Cherokee

Whitfield

2009 Fat al

2009 Injury
Jan

2009 Tow

2008 2008 2008 Fatal Injury Tow
Full Year
0 52 85 1 23 47 4 31 58

2007 2007 2007 Fatal Injury Tow
Full Year
4 69 47 4 38 41 2 36 51

2006 2006 2006 Fatal Injury Tow
Full Year
3 72 79 1 47 66 3 51 57

Gwinnett

0

6

7

2

Hall

Jackson

4 93 207 2 38 62 2 21 45

5 131 150 5 44 51 6 24 28

7 203 223 1 64 51 3 32 36

Fulton

3

Cobb

Dekalb

0

2

3

0

3 10

0

1

8

13 221 397 4 100 210 4 112 190

4 206 186 6 125 157 4 154 163

9 325 308 7 138 211 4 224 239

Richmond

0

1

3

4

Morgan

Columbia

4 43 79

1

8 19

0 15 18

3 41 40 4 14 11 2 20 16

5 40 68 3 17 14 0 23 21

Coweta

5

Troup

Sumter

3 51 121 3 22 43 0 17 23

3 39 45 0 12 13 1 12 7

4 47 36

1 29 22

1

5

6

Henry

6

Bibb

Houston

3 41 71 1 33 61 1 10 31

5 41 42 2 38 38 3 18 26

3 80 79 5 79 59 4 35 18

Chatham

0

1

5

7

Bulloch

Laurens

3 59 100 1 12 22 1 27 36

3 86 87 4 21 14 1 17 9

5 110 112 2 29 13 3 27 24

Lowndes

8

Dougherty

Cook

4 37 63 3 14 27 0 13 25

4 33 21 0 29 10 1 23 14

3 47 44 0 32 24 3 26 20

Glynn

9

Liberty

Wayne

3 27 46 0 18 26 0 17 16

3 37 25

3 17 11

5

6

1

3 30 27 3 20 14 2 11 5

66

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

Georgia: Summary of Large Trucks Involved in Crashes
Download Table Data

Number of Large Trucks Involved in:

2004

2005

2006

2007

2008

Fatal and Non-Fatal Crashes (FARS & MCMIS)

6,401

7,783

7,128

6,317

NA

Fatal Crashes (FARS)

233

240

227

212

NA

Fatal Crashes (MCMIS)

223

245

216

202

153

Non-Fatal Crashes (MCMIS)
Injury Crashes (MCMIS)

6,168 3,840

7,543 3,956

6,901 3,555

6,105 3,164

3,956 2,099

Towaway Crashes (MCMIS)
HM Placard Crashes (MCMIS)
Number of:

2,328 0

3,587 0

3,346 1

2,941 32

1,857 63

Fatalities (FARS)

248

229

232

229

NA

Injuries (MCMIS)

5,875

6,135

5,496

4,885

Compliance Review Activity by Safety Rating for Calendar Year 2008 in Georgia, United States
Download Report Printer Friendly Version

Safety Rating

Georgia

Number

Percent

National

Number

Percent

Georgia - National Percent Diff.*

Satisfactory

164

60.97%

6,190

64.27%

-5.14%

Conditional

72

26.77%

2,262

23.49%

13.96%

Unsatisfactory

11

4.09%

372

3.86%

5.87%

67

Not Rated Total

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

22

8.18%

269

100.00%

807 9,631

8.38% 100.00%

-2.40%

Georgia - Traffic Enforcement Activity Summary for Calendar Year 2008
Download Report Printer Friendly Version

Roadside Inspection Activity

Georgia

Number

Percent

National

Number

Percent

Georgia - National Percent Diff.*

Roadside Inspections

83,384

100.00%

3,317,187 100.00%

With Traffic Enforcement Violations

17,394

20.86%

720,803 21.73%

-4.00%

Driver OOS Inspections/Rate**

2,235

12.87%

68,222

9.76%

31.91%

Vehicle OOS Inspections/Rate**

3,907

37.61%

116,872 28.54%

31.76

Inspection Detail by Level

Year

Level 1 Level 2 Level 3 Level 4 Level 5 Level 6 Total

FFY 2004 TOTAL #

21,061

%

OF

TOTAL

FFY 2005 TOTAL #

26% 23,828

%

OF

TOTAL

FFY 2006 TOTAL #

26% 22,008

%

OF

TOTAL

FFY 2007 TOTAL #

25% 20,568

35,574 42%
38,610 42%
36,788 41%
38,050

26,637 31%
29,901 32%
30,852 34%
29,151

623

1,136

0%

1%

58

562

0%

0%

298

343

0%

0%

72

300

0 85,031

0%

100%

1 92,960

0%

100%

8 90,297

0%

100%

0 88,141

%

OF

TOTAL

23%

43%

34%

0%

0%

0%

100%

FFY 2008 TOTAL #

22,324 33,907 30,648

381

547

1 87,808

%

OF

TOTAL

26%

39%

35%

0%

0%

TOTAL #

FFY 20091

17,987 21,905 29,873

73

479

0

100%

0 70,317

%

OF

TOTAL

25%

32%

43%

0

0

0

100%

1 YTD Federal Fiscal Year, 10/01/2008 06/30/2009.

68

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

Georgia - Roadside Inspection Activity by Inspection Level for Calendar Year 2007
Download Report Printer Friendly Version

Georgia

National

Georgia - National Percent Diff.*

Inspection Level Inspections

OOS Rate**

Number Percent Driver Vehicle

Inspections

OOS Rate**

OOS Rate**

Inspections

Number Percent Driver Vehicle

Driver Vehicle

I. Full

21,160 23.93% 11.21% 32.65% 1,126,861 33.03% 4.87% 26.16% -27.54% 130.09% 24.82%

II. Walk-Around 37,493 42.41% 9.21% 21.78% 1,132,494 33.19% 7.28% 20.00%

27.76% 26.43% 8.90%

III. Driver Only 29,234 33.06% 17.37%

1,003,463 29.41% 8.52%

12.42% 103.83%

IV. Special Study

71 0.08%

23,858 0.70%

-88.52%

V. Terminal

457 0.52%

15.75% 125,238 3.67%

8.06% -85.92%

95.55%

Total

88,415 100.00% 12.41% 25.63% 3,411,914 100.00% 6.83% 22.28%

ATTACHMENTS
69

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
STATE TRAINING PLAN
State Training Plan 70

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

FY 2010 STATE TRAINING PLAN State of Georgia Date: August 1, 2009

1
NTC COURSE TITLE
Advanced NAS Level I (40 hours) Advanced NAS Level I Instructor Development (40 hours)
NAS Part A (40 hours)
NAS - Part A Instructor Development (40 hours) NAS - Part B (40 hours)
NAS Part B Instructor Development (40 hours)
General Hazardous Materials (40 hours)
General Hazardous Materials Instructor Development (40 hours)
SUBTOTALS

2
NO. OF TRAINEES

3
DESIRED LOCATION

4
NTC Associate Staff Needed YES /NO

5
ESTIMATED TRAVEL COST

GPSTC

25

Forsyth,

NO

GA

2

TBD

GPSTC

25

Forsyth,

NO

GA

2

TBA

50

GPSTC

NO

Forsyth,

GA

2

TBA

Yes

106

6
ESTIMATED PER DIEM COSTS

7
OTHER COSTS

8
TOTAL COSTS

71

1
NTC COURSE TITLE
HM Security (16 hours)
Cargo Tank Inspection (28 hours) Cargo Tank Inspection Instructor Development (40 hours)
Other Bulk Packaging (28 hours)
Other Bulk Packaging Instructor Development (40 hours)

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

2

3

NO. OF TRAINE ES

DESIRED LOCATION

4
NTC Associate Staff Needed YES /NO

5
ESTIMATED TRAVEL COST

6
ESTIMATED PER DIEM COSTS

7
OTHER COSTS

8
TOTAL COSTS

50

GPSTC

NO

Forsyth,

GA

2

TBA

Yes

50

TBA

NO

2

TBA

SUBTOTALS 104

72

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA
FY 2010 STATE TRAINING PLAN State of Georgia Date: August 1, 2009

1
NTC COURSE TITLE

2
NO. OF TRAINEES

Compliance Review (CR) (80 hours) CR Instructor Development (40 hours)
New Entrant Safety Audit (80 hours)
New Entrant Safety Audit Workshop (16 hours) New Entrant Safety Audit Instructor Development (40 hours) Electronic On-Board Recording Devices (16 hours)

3
DESIRED LOCATION

4
NTC Associate Staff Needed YES /NO

5
ESTIMATED TRAVEL COST

6
ESTIMATED PER DIEM COSTS

7
OTHER COSTS *

8
TOTAL COSTS

SUBTOTALS

73

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

FY 2010 STATE TRAINING PLAN State of Georgia Date: August 1, 2009

Passenger Vehicle Inspection (40 hours)
Passenger Vehicle Inspection Instructor Development (40 hours) Skill Performance Evaluation Certification Program (40 hours)
CMV Safety Programs & Grants Management (40 hours)

2
NO. OF TRAINEES

3
DESIRED LOCATION

4
NTC ASSOCIATE STAFF NEEDED YES /NO

5
ESTIMATED TRAVEL COST

25

GPSTC

Yes

Forsyth,

GA

6
ESTIMATED PER DIEM COSTS

7
OTHER COSTS *

8
TOTAL COSTS

Drug Interdiction Assistance Training (hours of training is negotiated based on agency training needs)
Preventing Discrimination in the FederallyAssisted Motor Carrier Safety Programs (16 hours) SUBTOTALS
25

OTHER STATE TRAINING COURSES
74

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

FY 2010 STATE TRAINING PLAN

1
COURSE TITLE/VENDOR

2
NO. OF TRAINEES

CVSA/FMCSA

5

Conference

5 SUBTOTALS

3
DESIRED LOCATION
San Antonio, Tx

4
NTC ASSOCIATE STAFF NEEDED YES /NO No

5
ESTIMATED TRAVEL COST
$1500.00

$1500.00

6
ESTIMATED PER DIEM COSTS
$49.00 x 2 $490.00 $49.00 x 3x2 $294.00 $784.00

7
OTHER COSTS
$1920.00
$1920.00

GRAND TOTAL OF TOTAL COSTS: $ 4204.00

8
TOTAL COSTS
$4204.00
$4204.00

75