Code of Maine Rules
29 - DEPARTMENT OF THE SECRETARY OF STATE
250 - BUREAU OF MOTOR VEHICLES
Bureau of Motor Vehicles
Chapter 169 - THE ADMINISTRATION OF THE PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS MANAGEMENT (PRISM) PROGRAM
Section 250-169-A - DEFINITIONS

1. Bureau - "Bureau" means the Maine Bureau of Motor Vehicles.

2. Bus - Bus means any vehicle designed and used primarily for the transportation of fifteen or more passengers, including the driver.

3. Carrier - See motor carrier.

4. Carrier Safety Fitness Rating - The safety rating is based on the degree of compliance with the safety fitness standard for motor carriers as determined by the Federal Motor Carrier SafetyAdministration. To meet the safety fitness standard, the motor carrier shall demonstrate that is has adequate safety management controls in place, which function effectively to ensure acceptable compliance.

5. Compliance Order - A written directive to a motor carrier requiring the performance of certain acts which, based upon the findings in the proceedings, are considered necessary to bring the motor carrier into compliance with regulations found to have been violated.

6. Compliance Review (CR) - The official on-site examination of a carrier's operations, such as drivers' hours of service, maintenance and inspections, driver qualifications, commercial drivers license requirements, financial responsibility, accidents, hazardous materials, and other safety and transportation records to determine whether a motor carrier meets the safety fitness standard.

7. Default Motor Carrier - In the event that a safety event cannot be attributed to a motor carrier, the vehicle registrant will be designated the default motor carrier. The default motor carrier will be assigned the safety event. The default motor carrier may be relieved of responsibility for the safety event by providing evidence of the true motor carrier.

8. Federal Motor Carrier Safety Administration (FMCSA) - The Federal Agency responsible for developing, compiling, and enforcing interstate motor carrier safety regulations. FMCSA establishes each motor carrier's safety rating, and advises each PRISM state of those carriers with unsatisfactory safety ratings.

9. Imminent Hazard - Any condition of vehicle, employee, or commercial vehicle operation likely to result in serious injury or death if not immediately discontinued.

10. International Registration Plan (IRP) - The uniform reciprocal agreement for the registration of commercial motor vehicles used in interstate commerce. The IRP provides for the proportional collection and distribution of jurisdictional registration fees based on the percentage of miles traveled in each jurisdiction. See chapter 162, Rules of the Secretary of State.

11. Interstate Commerce - means trade, traffic, or transportation in the United States

12. Jurisdiction - A state, territory, or possession of the United States, the District of Columbia, a province or territory of the Dominion of Canada, or a state, province or territory of any other country.

13. Lease. - A written document vesting exclusive possession, control of and responsibility for the operation of the vehicle to the lessee for a specified period of time.

14. Lessee - A person, firm, or corporation which has the legal possession, responsibility and control of a vehicle owned by another under terms of a lease agreement.

15. Lessor - A person, firm, or corporation which, under terms of a lease, grant the legal right of possession, control, and responsibility for the operation of the vehicle to another person, firm, or corporation.

16. Long Term Lease - A lease with a term of more than thirty (30) days.

17. MCS-150 - All motor carriers currently conducting operations in interstate or foreign commerce shall file an MCS-150 ( Motor Carrier Identification Report). It is used by motor carriers when applying for a U.S. DOT identification number. The Federal Motor Carrier Safety Administration form used to update the motor carrier census file.

18. Motor Carrier - An individual, partnership, or corporation engaged in the transportation of goods or persons. The motor carrier is responsible for the safe operation of all motor vehicles under their control.

19. Motor Carrier Census - A carrier's demographic and profile information maintained by Federal Motor Carrier Safety Administration. In PRISM, a carrier must verify their census data at least annually.

20. Motor Carrier Management Information System (MCMIS) -The Federal Motor Carrier Safety Administration's (FMCSA) computerized systems whereby the FMCSA maintains a comprehensive record of the safety performance of the motor carriers (trucks and buses) and hazardous materials shippers who are subject to the Federal Motor Carrier Safety Regulations or Hazardous Materials Regulations. This database is used in the PRISM Program to evaluate interstate motor carriers.

21. Motor Carrier Safety Assistance Program (MCSAP) -A motor carrier and roadside inspection program established to remove potentially unsafe drivers, imminently hazardous vehicles, and unsafe motor carriers practices from the road by increasing the level of safety enforcement activity.

22. Motor Carrier Safety Improvement Program (MCSIP) - MCSIP is a repetitive process to improve safety of high-risk motor carriers through the accurate identification, sanction, and performance assessment. Progressively harsher sanctions may be applied to carriers that do not improve their safety. MCSIP is managed by the Federal Motor Carrier Safety Administration, and may result in a carrier being declared unfit. Unfit carriers may be subject to state vehicle registration and Operating Authority suspension and revocation.

23. MCSIP Target File - A database of carriers or vehicles subject to the MCSIP Program. The Bureau will maintain the main MCSIP target file, and provide this information to FMCSA.

24. Motor Vehicle - Every vehicle which is self-propelled by power other than muscular power.

25. Notice of Investigation (NOI) - The official notice to a motor carrier by FMCSA that FMCSA has discovered safety regulatory violations that may require a compliance order and/or a monetary penalty.

26. Operating Authority - Permission granted by the Bureau of Motor Vehicles whether explicit or implicit, to operate as a motor carrier in Maine. Operating Authority may be denied or suspended for cause. Operating Authority includes permission to operate in Maine granted by another state on behalf of the State of Maine through any cooperative agreement among states.

27. Out-Of-Service Order - An order issued by FCMSA placing a motor carrier out-of-service due to unsafe operation.

28. Owner - A person, firm, corporation, or other legal entity, other than a lien holder, holding legal title or legal possession to a vehicle.

29. Owner/Operator - Someone who owns a truck, but who leases the motor vehicle with driver to a motor carrier.

30. Performance Registration Information System Management (PRISM) - A federal-state motor carrier safety program that ties a motor carrier's safety rating to their ability to register and operate commercial vehicles.

31. Registrant - A person, firm, or corporation in whose name a vehicle is properly registered in compliance with all laws, rules, and policies relating to vehicle registration.

32. Registration - The granting by a jurisdiction of the privilege to operate a vehicle on the public highways. Registration identifies a specific vehicle, and determines operational control of the vehicle.

33. Safety Status Measurement System (SafeStat) - SafeStat is an automated, data driven analytical system designed to measure the relative safety fitness of interstate carriers using safety, enforcement, crash, and compliance review data. SafeStat is used to identify high-risk carriers for entry into the MCSIP Program; and to monitor individual carrier improvement within MCSIP.

34. State - State means a state, district, or territory of the United States.

35. Truck - Truck means a motor vehicle designed, used and maintained primarily for the transportation of property.

36. Truck-Tractor - Truck-Tractor means every motor vehicle designed and used primarily for the drawing of other vehicles, but not so constructed as to carry a load other than part of the weight of a vehicle being drawn.

37. USDOT Number - The USDOT Number is the census number issued by MCMIS to a motor carrier, registrant, or owner. Safety events are accumulated under the carrier's or registrant's USDOT Number.

38. Vehicle - Every device in, upon, or by which a person or property is or may be drawn upon a highway, not including devices moved by human power or used exclusively on rails or tracks.

39. Vehicle Identification Number - The unique set of numbers and letters assigned to a vehicle by the manufacturer for purposes of titling and registration.