COMMERCIAL MOTOR VEHICLE SAFETY PLAN

COMMERCIAL MOTOR VEHICLE SAFETY PLAN STATE OF GEORGIA

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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 13 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 2006 rate by 0.05. By implementing the plans set forth in the 2009 Commercial Vehicle Safety Plan, the Motor Carrier Compliance Division’s goal is to reduce the fatal crash rate by the end of 2009. 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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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 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 department currently employs 246 MCCD officers and has 13 city and county law enforcement agencies who participate in the MSCAP program under the guidance of MCCD. Trends and Performance The safety and performance trends for the Motor Carrier Compliance Division are summarized in the chart below. These figures represent an analysis of FFY 2004 – FFY 2008. YEAR

Number of Inspections

Out-of-service vehicles

Out-of-service drivers

Number of Compliance Reviews

Number of Enforcement Cases

Civil Penalities2

FY 2004 95,538 20,722 13,911 153 49 $229,750 FY 2005 92,960 18,302 11,705 294 79 $113,200 FY 2006 90,297 17,442 12,546 303 109 $350,481 FY 2007 88,142 25,758 13,802 358 121 $519,512 FY 20081 64,793 18,001 8,682 276 96 $352,4202 1 YTD FFY, 10/01/2007 – 06/30/2008 2 Civil penalties resulting from enforcement cases (both intrastate and interstate) Current CMV Safety Problems The State of Georgia is currently ranked, based on figures published for 2006, as fourth in the nation 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 0.05. To achieve this goal, the MCCD must identify problem areas that contribute to crash causation and place increased emphasis of those problems identified. Areas that are currently being addressed are traffic enforcement, data quality, crash reduction, passenger carrier safety and hazardous materials. Current Evaluation and Performance As of June, 2008, the MCCD has performed a total of 64,793 inspections. A total of 18,001 out of service violations have been issued for vehicles and a total of 8,682 out of service violations for drivers. In addition, a total of 849 out of service violations have been issued for HM. The compliance review unit has conducted 276 compliance reviews which have resulted in 96 enforcement cases with civil penalties issued in the amount of $352,420.00.


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Program Challenges Crash Reduction Statistics published by FMCSA reveals that Georgia remains fourth in the nation for the number of fatalities resulting from crashes involving commercial motor vehicles. In an effort to reduce Georgia’s rate, the MCCD has placed into action several measures which we feel can provide a positive rate reduction over the next several years. Currently, crash data is disseminated to the regional level on a quarterly basis. This data is taken from the A & I website and provides the Regional Commanders with a basis for evaluation in their respected areas of crash details including crash causation factors such as time of day, day of week, etc. The Regional Commanders can then place mobile officers in strategic locations in their regions to screen and patrol those designated high crash corridor areas. Future plans include a mapping system such as GIS, updated quarterly, to further identify crash locations on interstate and other roadways throughout the state. Data Quality The MCCD unit has made great strides over the past several years to improve the quality of data provided to FMCSA. Georgia achieved a “green” level in 2004 with regard to timeliness and accuracy of uploads within the current timeframe. The level slipped into “red” when the new driver/vehicle measures were added. Georgia has worked diligently to return the level to “green” and is still working to improve the remaining “yellow” ratings.

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 officers in General Hazardous Materials, Cargo Tank, and Other Bulk Packaging, as these courses are part of the MCCD career ladder.

Currently, the MCCD only has jurisdiction over shippers of three kinds of hazardous materials - Polychlorinated Biphenyls (PCB), Liquefied Natural Gas, and Radioactive Materials – legislative changes to the Georgia Transportation of Hazardous Material Act are required in order to obtain jurisdiction to perform reviews of shippers of other hazardous materials. Because of the aggressive clean up and removal of PCB sources in the 1980s and 1990s, PCB shipping is almost non-existent now, and it is unlikely that shippers of any significance remain in Georgia. Liquefied Natural Gas (LNG) does exist in Georgia and is moved here almost exclusively by pipeline. Highway shippers of this commodity may already be covered by the new FMCSA Safety Fitness Permitting rule that was published on June 30, 2004. Many, if not all, shippers of radioactive materials are exclusively private carriers; only a few exist in Georgia, and most of their main operations are based in other states.

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.


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Passenger Carrier Inspections The MCCD currently has 35 officers trained to perform safety inspections on passenger carriers. Because stopping motor coaches on the side of the road presents a safety concern for the passengers being transported and the officers conducting the inspection, the MCCD typically schedules one destination motor coach inspection per quarter. 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. Due to the high concentration of motor coaches frequently these areas, officers are able to inspect a larger number of motor coaches in a matter of days. To further increase passenger carrier inspections, the MCCD added measures for FY 2008 and will continue in FY 2009 to identify motor coach terminals throughout the state to perform terminal inspections and to add more venue locations. The compliance review division will place special attention on conditionally-rated motor carriers and motor coach carriers. Passenger carriers will take priority for new entrant audits. Traffic Enforcement

The MCCD routinely conducts traffic enforcement in identified high crash corridor areas. In addition to roving patrols, MCCD officers participate in concentrated, joint agency and alcohol/drug activities. These activities target commercial vehicle drivers engaging in unsafe driver behavior practices. The MCCD does not intend to implement a non-CMV enforcement program for FY 2009. The MCCD received a high priority grant to perform a TACT program for FY 2007. The program has been very successful and the MCCD will continue with the TACT program with a high priority grant received for FY 2008.

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. Mobile officers enforce seat belt laws when violations are noted during routine traffic or inspection stops. In addition, concentrated seat belt activities are performed monthly at roadside and fixed locations. Routine observations are made at the inspection stations to determine seat belt usage and are reported quarterly.

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 participated in a number of important outreach projects during the fiscal year to inform truck drivers, as well as the general public, of safety issues and how to share the roads with other vehicles. So far, the Enforcement Division has conducted 140 Safety Meetings with over 7,659 individuals in attendance to discuss safety regulations, compliance reviews, hours of service regulations, and CDL requirements. Public information officers regularly work with the Georgia Motor Trucking Association (GMTA) road team to attend “courtesy” inspections held at inspection stations or welcome centers throughout the state. MCCD officers assist with the inspections and distribute outreach information to the truck drivers. Officers routinely visit elementary, primary, high, and technical schools to present programs on safety or attend career days. The MCCD sets up a booth with displays and outreach material for events such as the Roadway Express Trade Expo, the Agricultural Expo, the Veterans’ Fair, the annual State Fair in Perry, the GMTA Truck Driving Championship, the annual Georgia Dump Truck Association’s Expo and others when applicable.


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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. However, paper reports continue to be used for training purposes or when an officer is experiencing technical problems with his/her computer. In order to reduce the inspection upload time, the MCCD will continue to promote computerization among all partner agencies and requires that all new local agencies agree to become fully computerized and upload inspections to the SafetyNet Unit on a daily basis via Aspen. 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 151 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. 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, and 49 CFR 392.9a 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. FY 2009 Emphasis Areas The MCCD has for many years targeted rural road areas within high crash corridor areas around the State. For FY 2009, additional emphasis will be placed on identifying specific “high risk rural roads” in each region. Once identified, the MCCD will increase enforcement efforts by utilizing MCCD officers and local law enforcement agencies to target these areas. For FY2009, 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. Although


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Georgia has not utilized basic funds for non-CMV enforcement, we have been able to address non-CMV enforcement by participating in the TACT program. This enforcement activity has been very successful in the State. 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. Financial Health Governor Perdue and the Georgia General Assembly have supported the MCSAP program by continuously appropriating state funds towards this endeavor. The following information is from two references, the Governor’s press statement on the status of the State of Georgia’s Revenue for State Fiscal Year 2008, which ended June 30, 2008 and the stated bond rating from the State’s most recent bond offering in May of 2008. Georgia continues to receive the highest bond rating (AAA) from all three bond rating services. In addition, Georgia’s debt service is approximately 6% which is below the 10% maximum allowed by Georgia’s constitution. Georgia’s revenue shortfall is $900m or 5.2% of the net revenue collected in state fiscal year 2008. Revenue collections were flat in 2008 and are projected to continue to be flat in 2009. Governor Perdue has requested agencies to be prepared to reduce their budgets. The percentage of reduction is not known at the time of submission of the CVSP.


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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 radio communication staff is scheduled to move to the Confederate Avenue location by the end of August, 2008 and will be combined with the Georgia State Patrol communications unit. The Department currently employs 222 officers who have been NAS certified to perform MCSAP inspections. Of those, 9 are assigned to Compliance Reviews and 11 are assigned to New Entrant. The MCCD also has 58 officers from partner agencies who are NAS certified. 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. In addition to MCCD officers, thirteen local law enforcement agencies 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, Marietta, Port Wentworth, Roswell, Savannah Metro/Chatham and Snellville. In addition, the Georgia State Patrol has eight participating officers. 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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Crash Reduction (Recommended)

Safety Improvement (Recommended)

HM Transportation Safety (Optional)

Passenger Transportation Safety

(Recommended)

Safety Data Quality (Recommended)

Driver/Vehicle Inspections *Pg 15, Activity 1.1-11 - Driver-focused* Pg 11, Activity 1.3

- Passenger carrier*

Pg. 12, Activity 1.1-1.3 *Pg.15, 1.3 *Pg. 21, 1.4

Traffic Enforcement *Pg. 18, Activity 1.1-3 - W/ inspections* - W/o inspections*

Compliance Reviews *Pg. 20, Activity 1.1-5 - Interstate*

Pg. 12, Activity 1.1

- Intrastate*

Pg. 12, Activity 1.3

Public Education and Awareness *Pg. 22, Activity 1.1-5 Data Collection *Pg. 24, Activity 1.1-2 Pg. 13, Activity 1.1-3

- Accuracy* - Timeliness*

Rural Road CMV Initiatives* *Pg. 19, Activity 1.4 Hazardous Materials Program* *Pg 15, Activity 1.3 Seat Belt Enforcement* *Pg.16, Activity 1.7-8

* Denotes a FY 2009 National Emphasis Area


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SSTTAATTEE CCMMVV SSAAFFEETTYY PPRROOGGRRAAMM OOBBJJEECCTTIIVVEESS CCMMVV CCrraasshh RReedduuccttiioonn

Problem Statement: Based on crash data published on FMCSA’s A & I website for 2006, Georgia ranks fourth in the nation in fatal crashes involving CMV’s. Data shows that Georgia’s fatal crash rate for 2006 was 0.21 per 100 million miles traveled. This exceeds the national average of 0.184 per 100 million miles traveled. To reduce Georgia’s fatality rate, the MCCD must identify and target the top high crash corridors in each region through out the state (see chart in data analysis and trends).

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 0.05 per 100 million miles traveled.

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. The MCCD will also take a pro-active approach with intrastate/interstate motor carriers identified throughout the state with a high rate of crash involvement.

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.

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: The MCCD is still currently working with the Department of Transportation regarding a mapping system. In the interim, mapping is being performed from the A & I website.

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: 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 are currently being run from FMCSA’s A & I website and being evaluated for identification of Georgia based interstate/intrastate motor carriers. The MCCD is implementing an action plan to handle identified carriers who have a high rate of injury crashes and the subsequent dissemination of these finding to the appropriate region.


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Problem Statement: Based on published crash data on FMCSA’s A & I website for 2006, Georgia ranks fourth in the Nation in number of fatal crashes involving commercial motor vehicles. Additionally, Georgia's driver-vehicle out of service rate exceeds the national average of 6.83% for drivers and 22.28% for vehicles. Currently, Georgia’s out of service rate is 12.41% for drivers and 25.63% for vehicles. Therefore, proactive strategies designed to alter unsafe CMV driver behavior require implementation.

Performance Objective: To implement proactive law enforcement strategies designed to

encourage CMV drivers to engage in safer driving behavior by FY 2009. Performance Measure: Performance will be measured by citation level, civil penalty and

assessment program progress. In addition, the number of Level III inspections performed based on the 37% performance output targets for FY 2009.

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.

Monitoring and Evaluation: Drivers and carriers will be monitored through A& I, Query Central and Safetynet.

Status Update: This project is still in the planning stages and at this time there are no updates to report. Activity 1.2:

Design, draft and implement a comprehensive intrastate civil penalty and assessment program aimed at increasing safety compliance among intrastate motor carriers and drivers.

Performance Measure: For FY 2008, monitor progress of the design and completion of program with plans to implement by FY 20091.

Monitoring and Evaluation: The MCCD will monitor and evaluate this activity through meetings and progress of design, draft and implementation.

Status Update: This project is still in the planning stages and at this time there are no updates to report

Activity 1.3: Increase focus on driver behavior by increasing number of Level III inspections performed in conjunction with traffic enforcement activities.

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: From October 1, 2007 – June 30, 2008, MCCD has performed a total of 21,565 Level III inspections. This represents 33% of the total inspections performed for the nine month period.


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SSTTAATTEE CCMMVV SSAAFFEETTYY PPRROOGGRRAAMM OOBBJJEECCTTIIVVEESS PPaasssseennggeerr TTrraannssppoorrttaattiioonn SSaaffeettyy

Problem Statement: Nationally, passenger carrier (motorcoach) crashes have shown an

increase of 2.8% since 2003 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.

Performance Objective: To identify intrastate/interstate passenger carriers and establish a

means of increasing passenger vehicle inspections such as identifying additional venues and terminal locations throughout the state. Increase compliance reviews on passenger carriers statewide. MCCD will analyze results of these activities at the end of FY 2008 in order to determine effectiveness.

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.

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 October 1, 2007 – June 30, 2008, compliance review officers have performed 3 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.

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:

Terminal locations have been identified and a total of 151 inspections have been performed from October 1, 2007 – June 30, 2008.

Activity 1.3:

Identify at least two additional venues in the state to perform concentrated motorcoach activities. Performance Measure: Venues identified and number of inspections performed. Monitoring and Evaluation: Monitoring will be made from Regional Commanders’ monthly report. Status Update:

The World Congress Center in Atlanta has been slated as an additional venue for a motorcoach activity.


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SSTTAATTEE CCMMVV SSAAFFEETTYY PPRROOGGRRAAMM OOBBJJEECCTTIIVVEESS CCMMVV SSaaffeettyy DDaattaa QQuuaalliittyy

Problem Statement: Measures in the State Safety Data Quality published in FMCSA’s

Analysis and Information system indicates that Georgia is rated “green” overall. In addition, Georgia has been rated as “good” in crash accuracy since June, 2008. The MCCD will strive to maintain a “green status” through June , 2009 and reduce the 1.57% in non-match to less than 1%.

Performance Objective: Retain a “good” rating in both crash and driver/vehicle identification for

FY 2009. 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 October 1, 2007 – June 30, 2008, the Safetynet staff has worked diligently on the driver/vehicle measures and has moved the State status from red to green.

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: Monitoring will be made through the Safetynet crash data module.

Status Update: The Safetynet staff has reduced the percentage of non-match on crash data to 1.57%. 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:

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.


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NNAATTIIOONNAALL CCMMVV SSAAFFEETTYY PPRROOGGRRAAMM EELLEEMMEENNTT OOBBJJEECCTTIIVVEESS

DDrriivveerr//VVeehhiiccllee IInnssppeeccttiioonnss

TTrraaffffiicc EEnnffoorrcceemmeenntt

CCoommpplliiaannccee RReevviieewwss

DDaattaa CCoolllleeccttiioonn

SSttaattee SSppeecciiffiicc PPrrooggrraamm EElleemmeenntt


15

NNAATTIIOONNAALL CCMMVV SSAAFFEETTYY PPRROOGGRRAAMM EELLEEMMEENNTT OOBBJJEECCTTIIVVEESS DDrriivveerr//VVeehhiiccllee IInnssppeeccttiioonnss

Performance Objective: 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 2006 rate by 0.05.

Performance Measure: Total CMV Fatalities, Total Truck Miles Traveled (Data Source: FARS,

MCMIS, GDOT, FHWA, and FMCSA.)

Program Strategy: Perform at a minimum 75,000 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 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 2009, perform a minimum of 75,000 inspections. Inspection levels to be balanced based on training needs, homeland security issues, and crash data.

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, 2008, a total of 64,793 inspections have been performed. MCCD has performed 60,171 and partner agencies have performed 4,622.

Activity 1.2

Perform a minimum of 10% HM inspections. Conduct Level VI as required. 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, 2007 – June 30, 2008, a total of 8,167 hazardous material inspections have been performed. This represents 12% of the total number of inspections.

Activity 1.3:

Perform a minimum of one concentrated Motor Coach inspection activity per quarter. Increase screening for 9-15 passenger interstate for hire commercial vans.

Performance Measure: This activity will be measured by the number of activities and the 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, 2007-June 30, 2008, MCCD has held quarterly activities for passenger carrier inspections. The annual motor coach detail was held in Moultrie the first quarter. Subsequent activities have been held in several counties through out the state during the second and third quarter. A total of 647 inspections have been performed so far during the plan year.


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Activity 1.4: Conduct at least 24 Alcohol/Drug Interdiction (DI) activities in conjunction with routine inspections. Conduct joint DI operations as needed.

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, 2007- June 30, 2008, 19 activities have been performed in conjunction with routine inspections. The MCCD and partner agencies have cited 148 drug violations and 128 alcohol violations. All by 2 have resulted in drivers being placed out of service.

Activity 1.5:

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 1.6:

Participate in the FMCSA HM Strike force activities, the National Road Check , Operation Air Brake, and Operation Safe Driver. During these activities, the MCCD will strive to increase inspections on MC330/MC331 cargo tanks for compliance with emergency discharge controls.

Performance Measure: Total number of inspections performed including number of OOS violations found for both vehicle and driver.

Monitoring and Evaluation: Performance and evaluation will be captured through Region Commanders’ daily reports and final s

status provided to CVSA. Status Update:

MCCD officers participated in Operation Safe Driver in February, 2008. A total of 531 Level 3 inspections were performed. 72 driver out of service violations and 66 CMV traffic violations were cited. In May, 2008 , officers participated in Operation Air Brake. A total of 503 inspections were performed and 92 units were placed out of service for brake violations or 18.29%. In June, 2008, MCCD participated in the National Road Check. A total of 1,466 inspections were performed during the period. Of those, 245 were placed out of service for vehicle defects and 122 out of service violations were issued to drivers.

Activity 1.7: Perform base-line surveys of seat belt usage from positions of advantage (inspection station towers) during selected time periods.

Performance Measure: Percentage of drivers observed using seat belts.

Monitoring and Evaluation: Activity will be monitored and evaluated through Regional seat belt observation forms that are prepared on a monthly basis.

Status Update: From October 1, 2007 – June 30, 2008, a total of 15,846 seat observations were made. Of those, 14,377 drivers were wearing his/her seat belts. Observation results show that 90% of drivers were in compliance.

Activity 1.8: Perform concentrated seat belt checks throughout the state once a quarter. Performance Measure:

Number of seat belt violations. Monitoring and Evaluation:

Monitor number of seat belt violations through Safetynet and number of concentrated seat belt checks through Regional Commanders’ monthly reports.


17

Status Update:

From October 1, 2007 – June 30, 2008, a total of 3,780 violations have been cited for seat belt usage. In addition, 11 concentrated seat belt checks have been held.

Activity 1.9: Provide North American training for a minimum of 25 new hires to the enforcement division.

Performance Measure: Number of officers successfully trained.

Monitoring and Evaluation: North American and field training will be tracked by the MCCD Training Division. Status Update:

From October 1, 2007 – June 30, 2008, one NAS class was held. A total of 12 MCCD officers, 5 GSP Troopers and 6 officers from partner agencies successfully passed and are currently being field trained. In addition, 2 HM, 2 cargo tank and 2 other bulk packaging classes have been held.

Activity 1.10:

Enhance outreach activities to include awareness of seat belt usage by conducting 200 safety meetings that will yield 8,000 handouts distributed.

Performance Measure: Number of outreach activities, number of seat belt related handouts distributed.

Monitoring and Evaluation: The number of safety meetings held will be monitored through Region Commanders’ monthly reports.

Status Update: From October 1, 2007 – June 30, 2008, a total of 140 safety meetings have been held. In addition, 12,267 handouts have been distributed.

Activity 1.11:

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, 2007 – June 30, 2008, the MCCD performed a total of 12,108 off-peak inspections. Of those, 299 were performed in HCC locations. This represents 19% of the total number of inspections.

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TTrruucckk HHMM

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PPaasssseennggeerr CCaarrrriieerr** OOtthheerr TToottaall**** IInnssppeeccttiioonn

LLeevveell Number Number Number Number Number Number PercentLevel 1 19,650 2138 600 0 0 20,250 27% Level 2 26,375 6,500 125 0 0 26,500 36% Level 3 27,975 349 45 0 0 28,020 37% Level 4 0 0 0 0 0 0 0 Level 5 175 10 55 0 0 230 0 Level 6 0 0 0 0 0 0 0

Total 74,175 8,997 825 0 0 75,000 100%

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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TTrraaffffiicc EEnnffoorrcceemmeenntt 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. By assisting FMCSA in achieving its goal of reducing the large truck fatality rate, it is the objective of the MCCD to reduce Georgia’s current rate of .21 per 100 million truck miles traveled published in 2006.

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, 2007 – June 30, 2008, 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 at least 86 concentrated activities in these corridors.

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, 2007 – June 30, 2008, MCCD officers have spent 13,348 hours in HCC corridor areas and performed 10,928 inspections. In addition, 2,559 traffic enforcement violations have been cited with an overall total of 37,153 violations of which 4,580 have been out of service.

Activity 1.3:

Conduct a minimum of 450 construction zone inspections. Performance Measure:

Number of inspections performed and number of hours worked in designated construction zone locations.

Monitoring and Evaluation: Monitoring will be from reports generated from Safetynet.


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Status Activity: From October 1, 2007 – June 30, 2008, MCCD officers have spent 710 hours in construction zone areas. A total of 543 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, 2007 – June 30, 2008, MCCD has performed 57 HCC activities and 110 concentrated and joint agency checks.

Violation Trend Analysis Table (2005-2007):

TTaabbllee 33.. VViioollaattiioonn SSeeccttiioonn 4499 CCFFRR 339922––TTrreenndd AAnnaallyyssiiss ((NNoott QQuuoottaa)) ((22000055--22000077)) YYeeaarr ..22SS ..22FF ..22LLCC ..22CC ..22PP ..22RR ..22TT ..22YY 339922..44 339922..55 339922..1166

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

2005 3,208 230 628 5,234 12 146 142 44 127 225 5,420

TTaabbllee 44.. VViioollaattiioonn SSeeccttiioonn 4499 CCFFRR 339922––VViioollaattiioonn CCooddeess Moving 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 392.2Y – 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 392.5 and 392.5A – Driver uses or is in possession of alcohol

Railroad Crossing Violations: 392.10A1 – Failing to stop at railroad grade (RR) crossing-bus 392.10A2 – Failing to stop at (RR) crossing-chlorine 392.10A3 – Failing to stop at (RR) crossing-placard 392.10A4 – Failing to stop at (RR) crossing-HM cargo Miscellaneous Violations: 392.14 – Failing to use caution for hazardous conditions 392.16 – Failing to use seat belt while operating a CMV 392.71A – Using/equipping CMV with a radar detector 392.2 – Local laws (general)


20


CCoommpplliiaannccee aanndd EEnnffoorrcceemmeenntt 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 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

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 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, 2007 – June 30, 2008, compliance review officers have conducted 276 compliance reviews. These reviews have resulted in 96 enforcement cases with civil penalties of $352,420.00.

Activity 1.2: Participate in the Comprehensive Safety Analysis (CSA) Operational Model Test. Dedicate three Compliance Review officers to this activity. Currently the MCCD has 4 officers who participate in CSA 2010 in addition to the Regional Commander.

Performance Measure: Number of participating hours spent in the Comprehensive Safety Analysis (CSA) Operational Model Test.

Monitoring and Evaluation: Activity will be reported on monitored on the Regional Commander’s monthly reports. Status Update:

From February, 2008 – June 30, 2008, compliance review officers have dedicated 1,278 hours to this project.

Activity 1.3: Conduct a compliance review 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, 2007 – June 30, 2008, a total of 6 compliance reviews have been performed on Georgia based carriers which have met the activity criteria.

Activity 1.4:

Perform compliance reviews on passenger carriers and passenger carriers.


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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, 2007 – June 30, 2008, a total of 3 compliance reviews were performed on passenger carriers.

Activity 1.5:

Train additional officers as needed to maintain staffing at the current level of 9 CR officers and 11 New Entrant officers.

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.

Status Update: From October 1, 2007 – June 30, 2008, 4 officers have completed CR training. In addition, 4 officers attended CSA training in Washington, D.C.

TTaabbllee 55.. CCoommpplliiaannccee RReevviieeww AAccttiivviittyy PPrroojjeeccttiioonnss FFYY 22000099 Type of

Operation Motor Carrier

Property Motor Carrier

Passenger Motor Carrier

HM HM Shipper TOTAL

Interstate 220 20 15 0 255

Intrastate 25 10 10 0 45

Total Reviews 245 30 25 0 300


22


PPuubblliicc EEdduuccaattiioonn && AAwwaarreenneessss

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 non-commercial vehicles, seat belt usage and other areas is essential for overall traffic and public safety.

Performance Measure: Amount of materials distributed; number of presentations delivered;

number of persons contacted and/or trained.

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.

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, 2007 – June 30, 2008, there were no revisions necessary. 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 180 safety meetings per federal fiscal year and to contact at least 10,000 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, 2007 – June 30, 2008, a total of 140 safety meetings have been conducted by Motor Carrier Compliance officers throughout the state with 7,659 attendances.

Activity 1.3:

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

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, 2007 – June 30, 2008, no revisions have been required.

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, 2007 – June 30, 2008, the MCCD has provided 11 judicial outreaches.


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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, 2007 – June 30, 2008, the MCCD produced and distributed a total of 43,403 fact sheets, 19 ETA packets, and 30 forestry packets. A total of 50,316 manufactured items were distributed.


24

NNAATTIIOONNAALL CCMMVV SSAAFFEETTYY PPRROOGGRRAAMM EELLEEMMEENNTT OOBBJJEECCTTIIVVEESS DDaattaa CCoolllleeccttiioonn

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, 2007 – June 30, 2008, 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 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, 2007 – June 30, 2008, MCCD received 334 challenges. A breakdown of these challenges is as follows: 117 crash challenges, 205 inspection challenges, and 12 inspection report requests. A total of 320 of these challenges have been resolved with 14 remaining open for further investigation.


25

SSTTAATTEE SSPPEECCIIFFIICC PPRROOGGRRAAMM EELLEEMMEENNTT SSiiggnniiffiiccaanntt CCrraasshh RReeppoorrttiinngg aanndd FFoollllooww--UUpp

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, 2007 – June 30, 2008, the MCCD and partner agencies performed a total of 278 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, 2007 – June 30, 2008, the MCCD has reported 545 significant crashes to the FMCSA Georgia Division.


26

SSTTAATTEE SSPPEECCIIFFIICC PPRROOGGRRAAMM EELLEEMMEENNTT

NNeeww EEnnttrraanntt SSaaffeettyy AAssssuurraannccee PPrroocceessss 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 2008. 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 1,387 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, 2007 – June 30, 2008, a total of 766 new entrants have been contacted. Activity 1.3:

Train additional officers in compliance review as needed. Provide additional training as needed. Performance Measure:

Number of officers trained. Monitoring and Evaluation: Monitoring and evaluation will be performed through Region Commander’s monthly reports. Status Update: From October 1, 2007 – June 30, 2008 no additional training has been performed.


27

FFIINNAANNCCIIAALL MMAANNAAGGEEMMEENNTT

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28

FFIINNAANNCCIIAALL MMAANNAAGGEEMMEENNTT FFiinnaanncciiaall SSuummmmaarryy TThhee GGeeoorrggiiaa DDeeppaarrttmmeenntt ooff PPuubblliicc SSaaffeettyy iiss ccoommmmiitttteedd ttoo rreedduucciinngg tthhee nnuummbbeerr ooff ttrruucckk--rreellaatteedd ffaattaalliittiieess.. TThhee FFMMCCSSAA ggooaallss hhaavvee bbeeeenn iinnccoorrppoorraatteedd iinnttoo tthhee DDeeppaarrttmmeenntt’’ss ssttrraatteeggiicc ppllaann.. TThhee SSttaattee ooff GGeeoorrggiiaa ccoonnttiinnuueess ttoo ssuuppppoorrtt CCMMVV ssaaffeettyy bbyy ccoonnttiinnuuiinngg ttoo aapppprroopprriiaattee aann eevveerr--iinnccrreeaassiinngg aammoouunntt ooff ssttaattee ffuunnddss.. TThheessee ssttaattee ffuunnddss aarree tthhee ffuunnddiinngg ssoouurrccee ffoorr tthhee ssttaattee mmaattcchh oonn ffeeddeerraall ffuunnddss aanndd tthhee mmaaiinntteennaannccee ooff eeffffoorrtt.. TThhee eexxppeennsseess ffoorr tthhiiss pprrooggrraamm aarree ccoolllleecctteedd iinn aa ccoosstt ppooooll aanndd ddiissttrriibbuutteedd mmoonntthhllyy ttoo tthhee MMCCSSAAPP ggrraanntt bbaasseedd oonn tthhee pprriioorr mmoonntthh’’ss aaccttiivviittyy rraattee ffoorr CCMMVV iinnssppeeccttiioonnss.. Fiscal Year Obligated * Expended Balance

2006 $5,443,770 $4,899,097 $544,673

2007 $5,955,103 $5,106,548 $848,555

2008 $8,546,803 $7,231,380 $1,315,423

•• OObblliiggaatteedd ffuunnddss iinncclluuddee aannyy ffeeddeerraall ffuunnddss rroolllleedd oovveerr ffrroomm tthhee pprriioorr ffiissccaall yyeeaarr..


29

BBuuddggeett SSuummmmaarryy

TTaabbllee 66.. FFYY 22000099 NNaattiioonnaall PPrrooggrraamm EElleemmeenntt BBuuddggeett SSuummmmaarryy

NNaattiioonnaall PPrrooggrraamm EElleemmeenntt EEssttiimmaatteedd EExxppeennsseess PPrroojjeecctteedd ## ooff AAccttiivviittiieess

Driver/Vehicle Inspections $ 9,097,553.00 75,000

Traffic Enforcement $ 11,523.57 95

Compliance Reviews $ 36,390.21 300

Public Education and Awareness $ 21,834.13 180

Data Collection $ 236,614.32 N/A


30

LLiinnee--IItteemm BBuuddggeett STATE OF GEORGIA Attachment 2

FY 2009 MCSAP CVSP BUDGET 1MCSAP Eligible Expenses Total Eligible Costs

Personnel (Payroll Costs)

Salary $4,361,371.00

Fringe $1,754,362.00

Overtime

Other $199,406.14

Sub-Total, Payroll Costs $6,315,139.14

Equipment & Supplies

Equipment (Non-Expendable) $93,880.00

Equipment (Expendable) $138,796.80

Supplies $290,921.22

Other $378,571.85

Sub-Total, Equipment and Supplies $902,169.87

Program Travel

Travel (Lodging/Meal Allowance) $54,212.04

Fleet Cost (Mileage/Repair) $635,252.75

Other

Sub-Total, Program Travel $689,464.78

Training & Conferences

Training $704.10

Conferences $4,400.63

Registration Fees $117.35

Other

Sub-Total, Training & Conferences $5,222.08

Miscellaneous Expenses

Other - Cobb County contract $36,000.00

Other - Dekalb County contract $86,400.00

Other - Telecommunications $248,615.09


31

Other - Computer Charges $120,284.27

Sub-Total, Misc. Expenses $491,299.36

SUBTOTAL, DIRECT COSTS $8,403,295.23

Indirect Costs (20%) $1,000,620.00

Total Eligible Costs Budgeted $9,403,915.23

(continued on next page)

Total Eligible Costs Budgeted $9,403,915.23 $ 7,184,101.00 $ 2,219,814.23

2Federal Funds Budgeted (80%) $5,747,281.00 $ 5,747,281.00 $ -

3State Matching Funds Budgeted (20%) $1,436,820.00 $ 1,436,820.00 $ -

4MOE Funds Budgeted $2,219,814.23

1MCSAP Eligible Expenses are budgeted costs reimbursable 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 2009 Funding Distribution spreadsheet 3State Matching Funds Budgeted is the 20% State share of the estimated grant funding as shown in the FY 2009 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.


32

EEqquuiippmmeenntt DDeessccrriippttiioonn OFFICE SUPPLIES

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.

OUT-OF-STATE TRAVEL

Consists primarily of travel related funds for the following MCSAP activities. 1. CVSA fall conference ------------------------------ 6 personnel 2. CVSA workshop and leadership conference ---- 9 personnel 3. 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 Standard Rate High Cost Areas Breakfast $6.00 $7.00 Lunch $7.00 $9.00 Dinner $15.00 $20.00 Daily Total $28.00 $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 MEMBERSHIPS

CVSA Membership

REGISTRATION Includes departmental authorized MCSAP training and/or seminars.


33

POLICE SUPPLIES

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

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

TRAINING 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.


34

MMOOEE CCaallccuullaattiioonn VVeerriiffiiccaattiioonn RReeppoorrtt FY 2009 MCSAP MOE Calculation Template

MCSAP Eligible Expense1 FY 2004 FY 2005 FY 2006

Personnel (Payroll Costs)

Salary $3,670,571.69 $3,914,404.45 $4,089,720.99

Fringe $1,149,252.83 $1,215,500.40 $1,305,222.53

Overtime $75,634.73 $4,074.96 $5,907.57

Other $21,734.24 $23,333.92 $24,201.90

Sub-Total, Payroll Costs $4,917,193.49 $5,157,313.73 $5,425,052.99

Equipment & Supplies

Equipment (Non-Expendable) $48,591.48 $63,915.70 $592,198.21

Equipment (Expendable) $39,405.93 $14,469.86 $178,457.16

Supplies $198,319.44 $155,776.75 $277,997.32

Other $266,610.97 $296,430.54 $246,555.54

Sub-Total, Equipment and Supplies $552,927.82 $530,592.85 $1,295,208.23

Program Travel

Travel (Lodging/Meal Allowance) $27,809.28 $40,797.01

Fleet Cost (Mileage/Repair) $282,185.03 $279,284.82 $427,257.64

Other

Sub-Total, Program Travel $309,994.31 $320,081.83 $427,257.64

Training & Conferences

Training

Conferences

Registration Fees

Other

Sub-Total, Training & Conferences $0.00 $0.00 $0.00

Miscellaneous Expenses

Other - Motor Vehicle Purchases $411,285.20 $133,448.38 $219,596.04

Other - Telecommunications $133,183.66 $174,382.85 $188,249.93

Other - Computer Charges $4,342.68 $213,329.59

Other - Per Diem & Fees, Contracts $145,224.64 $131,803.08 $32,565.75


35

FY 2004 FY 2005 FY 2006

Sub-Total, Misc. Expenses $689,693.50 $443,977.00 $653,741.31

SUBTOTAL, DIRECT COSTS $6,469,809.12 $6,451,965.40 $7,801,260.16

Indirect Costs ( 20% ) $0.00 $0.00 $464,585.94

Total Eligible Expense $6,469,809.12 $6,451,965.40 $8,265,846.10

Federal Funds Spent (80%) $4,479,877.01 $4,236,854.35 $4,899,097.42

State Matching Funds (20%) $895,975.40 $847,370.87 $979,819.48

Total Grant Funds Expended2 $5,375,852.41 $5,084,225.22 $5,878,916.90

Net CMV Safety Annual MOE $1,093,956.71 $1,367,740.18 $2,386,929.20

SAFETEA-LU Documented CMV/Non-CMV Traffic Enforcement (TE) w/o Safety Inspection (CMV Driver Citation/Warning Issued or Non-CMV Driver Citation/Warning Issued to Improved CMV Safety)

# 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

Annual Maintenance of Effort $1,093,956.71 $1,367,740.18 $2,386,929.20

Aggregate Average Maintenance of Effort $1,616,208.70

1 MCSAP Eligible Expenses are budgeted costs reimbursable under the MCSAP program (see 350.311). They include all MCSAP-eligible expenses to be incurred by 1) any State agency; and 2) any local agency that receives MCSAP funds 2 The “Total Grant Funds Expended” should include the federal grant funds and corresponding state matching funds Expended on MCSAP activities.


36

GGRRAANNTTSS AANNDD CCEERRTTIIFFIICCAATTIIOONN DDOOCCUUMMEENNTTSS SIGNATURE AUTHORITY DESIGNATION MCSAP -1 Grant Application:

Name: Joseph Hood Title: Comptroller Agency: Georgia Department of Public Safety Phone: 404-624-7855 E-Mail: [email protected] State Certification: Name: Colonel Bill Hitchens Title: Commissioner Agency: Georgia Department of Public Safety Phone: 404-624-7477 E-Mail: [email protected] MCSAP-2 Grant Agreement Name: Joseph Hood Title: Comptroller Agency: Georgia Department of Public Safety Phone: 404-624-7855 E-Mail: [email protected] MCSAP-2A Grant Agreement Name: Joseph Hood Title: Comptroller Agency: Georgia Department of Public Safety Phone: 404-624-7855 E-Mail: [email protected] MCSAP PR-20 Voucher Name: Robert Orange Title: Accounting Director Agency: Georgia Department of Public Safety Phone: 404-624-7894 E-Mail: [email protected] Regulatory Compatibility Certificate: Name: Colonel Bill Hitchens Title: Commissioner Agency: Georgia Department of Public Safety Phone: 404-624-7477 E-Mail: [email protected]


37

MCSAP-1 GRANT APPLICATION

The collection of this information is authorized under the provisions of P.L. 97-424; P.L. 99-570; 49 U.S.C. 31101-31104 and P.L. 105-178.

Public reporting for this collection of information is estimated to be 30 minutes per response, including the time for reviewing instructions and completing and reviewing the collection of information. All responses to this collection of information are mandatory, and will be provided confidentiality to the extent allowed by law. Not withstanding any other provision of law, no person is required to respond to nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The valid OMB Control Number for this information collection is 2126-0010. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Motor Carrier Safety Administration, MC-MBI, U.S. Department of Transportation, Washington, D.C. 20590.

FMCSA Form MCSAP-1 (Rev. 02/08) OMB 2126-0010 (Exp. 02/11)

STATE CERTIFICATION

U.S. Department of Transportation

Motor Carrier Safety Assistance Program Federal Motor Carrier Safety Administration

The Georgia Department of Public Safety hereby applies to the Federal Motor Carrier Safety Administration for a Federal grant authorized in Title IV of the Surface Transportation Assistance Act of 1982 (P. L. 97-424) and subsequent amendments thereto to enhance a Commercial Motor Carrier Safety Program as described in this application.

The State Agency plans to carry out the implementation of a Motor Carrier Safety Assistance Program during Federal fiscal year (FY) 2009 as described in the Commercial Vehicle Safety Plan.

The State Agency plans to carry out special projects of the Motor Carrier Safety Assistance Program not contained in the Basic/Supplemental grant during Federal fiscal year (FY) 2009 as described in the attached plan.

The Federal share will not exceed 80 percent of the total participating costs, unless otherwise indicated herein, incurred in performing the effort described in the attached State Plan. The State agrees to submit vouchers for the reimbursement of funds expended. DUNS # 08-674-321 Colonel Bill Hitchens

Georgia Department of Public Safety

(Signature)

959 E. Confederate Ave

Commissioner

Atlanta, Georgia 30316

July 31, 2008

404-624-7477


38

I, 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. 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 2004, 2005, and 2006. 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. 10. The State will ensure that violation fines imposed and collected by the State are consistent, effective, and equitable. 11. The State will establish a program to provide FMCSA with accurate, complete, and timely reporting of motor carrier safety information that includes documenting the effects of the State's CMV safety


39

programs; participate in a national motor carrier safety data correction program (DataQs); participate in SAFETYNET; and ensure information is exchanged in a timely manner with other States. 12. The State will ensure that the CVSP, data collection, and information systems are coordinated with the State highway safety program under title 23, U.S. Code. The name of the Governor's highway safety representative is Director Robert Dallas. 13. The State has undertaken efforts to emphasize and improve enforcement of State and local traffic laws as they pertain to CMV safety. 14. The State will ensure that MCSAP agencies have departmental policies stipulating that roadside inspections will be conducted at locations that are adequate to protect the safety of drivers and enforcement personnel. 15. The State will ensure that requirements relating to the licensing of CMV drivers are enforced, including checking the status of CDLs. 16. The State will ensure that MCSAP-funded personnel, including sub-grantees, meet the minimum Federal standards set forth in 49 CFR part 385, subpart C for training and experience of employees performing safety audits, compliance reviews, or driver/vehicle roadside inspections. 17. The State will enforce operating authority requirements under 49 CFR 392.9a by prohibiting the operation of any vehicle discovered to be operating without the required operating authority or beyond the scope of the motor carrier's operating authority. 18. The State will enforce the financial responsibility requirements under 49 CFR part 387 as applicable to CMVs subject to the provisions of 49 CFR 392.9a. 19. The State will include, in the training manual for the licensing examination to drive a non-CMV and the training manual for the licensing examination to drive a CMV, information on best practices for safe driving in the vicinity of noncommercial and commercial motor vehicles. 20. The State will conduct comprehensive and highly visible traffic enforcement and CMV safety inspection programs in high-risk locations and corridors. 21. The State will ensure that, except in the case of an imminent or obvious safety hazard, an inspection of a vehicle transporting passengers for a motor carrier of passengers is conducted at a station, terminal, border crossing, maintenance facility, destination, or other location where motor carriers may make planned stops. Signature______________________________________________________________________ Date___________________________________________________________________ RREEGGUULLAATTOORRYY CCOOMMPPAATTIIBBIILLIITTYY RREEVVIIEEWW


40

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41

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 sub-

recipients 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:

Traffic Enforcement


42

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.


43

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,


44

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.


45

(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;


46

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, 2008.

___________________________________ Colonel Bill Hitchens, Commissioner Georgia Department of Public Safety

___ ______________________________ Thomas E. Marlow, Division Administrator Federal Motor Carrier Safety Administration


47

DDRRUUGG FFRREEEE WWOORRKKPPLLAACCEE CCEERRTTIIFFIICCAATTIIOONN

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


48

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


49

PPRROOGGRRAAMM CCOONNTTAACCTTSS MCSAP Contacts DIAP Contact Chief Mark McLeod Captain Gene Davis Chief Enforcement Officer Motor Carrier Compliance Division 959 E. Confederate Ave. Training Facility Atlanta, Georgia 30316 1001 Indian Springs Drive Phone: 404-624-7212 Forsyth, Georgia 31029 Fax: 404-624-7299 Phone: 478-993-4607 Captain Bruce Bugg Accident Reporting Agency Special Projects Coordinator 959 E. Confederate Ave. Terry Albertson Atlanta, Georgia 30316 Department of Transportation Phone: 404-624-7226 935 E. Confederate Avenue Fax: 404-624-7299 Atlanta, Georgia 30316 Phone: 404-635-8124 Joseph Hood Comptroller CDL Licensing 959 E. Confederate Ave. Atlanta, Georgia 30316 Phone: 404-624-7855 Georgia Department of Driver Services Fax: 404-624-7297 2206 East View Parkway Conyers, Georgia 30013 Robert Orange Phone: 678-413-8484 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 SAFETYNET CONTACT Tammy Lewis 959 E. Confederate Ave. Atlanta, Georgia 30316 Phone: 404-624-7216 Fax: 404-624-7297


50

DDaattaa AAnnaallyyssiiss && TTrreennddss


51


52


53


54

Challenge Summary by Type & Status Georgia Department of Public Safety

For the period 10/01/2007 to 06/01/2008

Challenge Status Download

Data

Challenge Type Open

Open-In

Review

Open-Pending Carrier

Response

Forwarded to another office for resolution

All Open

Closed-No Action Taken

Closed-Action Taken

All Closed

Total Challenges

Crash - Not Reportable (No fatality, injury, or towaway)

0 0 0 0 0 7 30 37 37

Crash - Assigned to Wrong Carrier

0 0 0 0 0 2 25 27 27

Crash - Incorrect Data 0 0 0 0 0 1 23 24 24

Crash - Duplicate 0 0 0 0 0 2 7 9 9

Inspection - Incorrect Data (Violation)

0 0 0 0 0 38 35 73 73

Inspection - Incorrect Data (Other) 0 0 0 0 0 7 8 15 15

Inspection - Duplicate 0 0 0 0 0 3 4 7 7

Inspection - Assigned to Wrong Carrier

0 0 0 0 0 27 59 86 86

Inspection - Missing from Carrier Report 0 0 0 0 0 0 2 2 2

Inspection - Report Request

0 0 0 0 0 3 2 5 5

Total 0 0 0 0 0 90 195 285 285


55

Inspection Detail by Level Year Level 1 Level 2 Level 3 Level 4 Level 5 Level 6 Total

TOTAL #

21,061 35,574 26,637 623

1,136

0 85,031

FFY 2004

% OF TOTAL

26% 42% 31% 0%

1%

0% 100%

TOTAL #

23,828 38,610 29,901 58

562

1 92,960

FFY 2005

% OF TOTAL

26% 42% 32% 0%

0%

0% 100%

TOTAL #

22,008 36,788 30,852 298

343

8 90,297

FFY 2006

% OF TOTAL

25% 41% 34% 0%

0%

0% 100%

TOTAL #

20,568

38,050 29,151 72

300

0 88,141

FFY 2007

% OF TOTAL

23% 43% 34% 0%

0%

0% 100%

TOTAL #

15,888 26,880 21,565 47

413

0 64,793

FFY 20081

% OF TOTAL

25% 41% 34% 0%

0%

0 100%

1 YTD Federal Fiscal Year, 10/01/2007 – 06/30/2008.

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

Georgia National Georgia - National Percent Diff.*

Inspections OOS Rate** Inspections OOS Rate** OOS Rate** Inspection Level Numbe

r Percent Driver Vehicle Number Percent Driver VehicleInspection

s 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%


56

AATTTTAACCHHMMEENNTTSS

SSTTAATTEE TTRRAAIINNIINNGG PPLLAANN


57

SSttaattee TTrraaiinniinngg PPllaann FY 2009 STATE TRAINING PLAN State of Georgia Date: August 1, 2008 1

NTC COURSE TITLE

2

NO. OF TRAINEES

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

Advanced NAS Level I (40 hours)

25

GPSTC Forsyth, GA

Yes

Advanced NAS Level I Instructor Development (40 hours)

NAS – Part A (40 hours)

100

GPSTC Forsyth, GA

Yes

NAS - Part A Instructor Development (40 hours)

NAS - Part B (40 hours)

100

GPSTC Forsyth, GA

Yes

NAS – Part B Instructor Development (40 hours)

4

TBA

General Hazardous Materials (40 hours)

50

GPSTC Forsyth, GA

Yes

General Hazardous Materials Instructor Development (40 hours)

2

TBA

Yes

SUBTOTALS

281


58

FY 2009 STATE TRAINING PLAN State of Georgia Date: August 1, 2008 1

NTC COURSE TITLE

2

NO. OF TRAINEES

3

DESIRED LOCATION

4


5


6


7

OTHER COSTS

8

TOTAL COSTS

HM Security (16 hours)

Cargo Tank Inspection (28 hours)

75

GPSTC Forsyth, GA

Yes

Cargo Tank Inspection Instructor Development (40 hours)

2

TBA

Yes

Other Bulk Packaging (28 hours)

75

TBA

Yes

Other Bulk Packaging Instructor Development (40 hours)

2

TBA

SUBTOTALS

154


59

FY 2009 STATE TRAINING PLAN State of Georgia Date: August 1, 2008 1

NTC COURSE TITLE

2

NO. OF TRAINEES

3

DESIRED LOCATION

4


5


6


7

OTHER COSTS *

8

TOTAL COSTS

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)

SUBTOTALS


60

FY 2009 STATE TRAINING PLAN State of Georgia Date: August 1, 2008

2 NO. OF TRAINEES

3

DESIRED LOCATION

4

NTC ASSOCIATE STAFF NEEDED YES /NO

5


6


7

OTHER COSTS *

8

TOTAL COSTS

Passenger Vehicle Inspection (40 hours)

25

GPSTC Forsyth, GA

Yes

Passenger Vehicle Inspection Instructor Development (40 hours)

Skill Performance Evaluation Certification Program (40 hours)

CMV Safety Programs & Grants Management (40 hours)

Drug Interdiction Assistance Training (hours of training is negotiated based on agency training needs)

2

GPSTC Forsyth, GA

Yes

Preventing Discrimination in the Federally-Assisted Motor Carrier Safety Programs (16 hours)

SUBTOTALS 27


61

OTHER STATE TRAINING COURSES

FY 2009 STATE TRAINING PLAN 1

COURSE TITLE/VENDOR

2

NO. OF TRAINEES

3

DESIRED LOCATION

4

NTC ASSOCIATE STAFF NEEDED YES /NO

5


6


7

OTHER COSTS

8

TOTAL COSTS

COHMED

2

Mesa, Az No

$800.00

$44.00x5x2 $440.00

$1120.00 $2360.00

CVSA/FMCSA Conference

6

Louisville, Ky

No

$600.00

$49.00 x 5x6 $1470.00

$3750.00

$5820.00

CVSA Fall Workshop

6

Baltimore, MD

No $2400.00

$59.00x5x6 $1770.00

$3750.00 $7920.00

CVSA Executive Winter Meeting

2

TBA

No

$800.00

$600.00

$1120.00

$2520.00

CVSA Executive Summer Meeting

2

TBA

No

$800.00

$600.00

$1120.00

$2520.00

EQATAC

1 TBA No $400.00 $49.00x5x1 $245.00

$600.00 $1245.00

Southern States Energy Board Radioactive Materials Transportation Committee

1 TBA Np $400.00 $49.00x5x1 $245.00

$600.00 $1245.00

SUBTOTALS

20 $6000.00 $5370.00 $12,060.00 $23,630.00

GRAND TOTAL OF TOTAL COSTS: $ 23,630.00

Documents

COMMERCIAL MOTOR VEHICLE SAFETY PLAN