HomeMy WebLinkAboutRES 21-243RESOLUTION NO. 21-243
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute all documents
necessary, specifically a Memorandum of Understanding, between the City of
Beaumont and the Texas Department of Public Safety relating to federal motor carrier
enforcement and inspections. The Memorandum of Understanding is substantially in the
form attached hereto as Exhibit "A" and made a part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
October, 2021.
or Robin Mouton
MEMORANDUM OF UNDERSTANDING
Between
DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS (DPS)
-and-
BEAUMONT POLICE DEPARTMENT (Allied Agency)
1. GENERAL AGREEMENT
A. introduction and Statutory Authority
DPS and Allied Agency enter into this Memorandum of Understanding (MOU) in order to maximize
the effective utilization of commercial motor vehicle, driver, and cargo inspection resources; to avoid
duplication of effort, to expand the number of Inspections performed; to advance uniformity of
inspections; and to minimize delays In schedules Incurred by the industry Inherent to this type of
enforcement activity.
1. Due to the need for a basic delineation of routine responsibilities for the federal, state, county,
and municipal agencies, It is agreed:
• DPS will Inspect vehicles operating over public highways and at carrier terminal facilities.
• Allied Agencies must, as a routine practice, confine inspection activities to vehicles operating
over public highways and city streets In their jurisdictions with the exception of municipal
police officers certified under Tex. Transp. Code § 644.101. These certified municipal police
officers may conduct vehicle inspections at carrier terminal facilities.
2. The Federal Motor Carrier Safety Administration (FMCSA) has imposed timeliness and accuracy
standards on DPS regarding interstate and intrastate motor carrier information. DPS, in turn, has
established timeliness and accuracy standards for Allied Agencies engaged in the inspection of
commercial motor vehicles (CMV).
3. Allied Agencies and their authorized inspection representatives (Program Coordinators) must
Implement procedures in accordance with the minimum standards in this MOU.
4. In order to advance uniformity in the inspection of CMV and their operators, Allied Agencies must
adopt the Commercial Vehicle Safety Alliance's (CVSA) North American Standard Roadside
Inspection Procedures and the North American Standard Out -of -Service Criteria as adopted by
DPS under the following:
• Tex. Transp, Code Ch. 644, located at http://www.statutes.legis.state.tx.us/;
• 37 Tex. Admin. Code Chapter 4, Subchapter B; 37 Tex. Admin. Code Chapter 16, Subchapter
A; and 37 Tex, Admin, Code Chapter 21 located at http://www.sos.texas.gov/tac/index.shtmi
and
• The most current version of the CMV Enforcement Guidance Documents provided by DPS to
the Allied Agencies:
MC9 Allied Agencies MCSAP MOU Template
Page 1 of a
EXHIBIT "A"
CVSA Levels of Inspection
o Level 1 North American Standard
o Level 11 Walk -a -round Inspection
o Level III Driver -Only Inspection
o Level IV Special Inspection
o Level V Vehlcle-Only Inspection (Terminal)
The State of Texas has an inspection quality agreement with the FMCSA In its Commercial Vehicle
Safety Plan. Inspections found to be non-compllant with this policy may be nullified by the DPS Motor
Carrier Bureau (MCB) from the carrier's safety profile and from the inspector's certification record by
the authority of the Assistant Division Director of the DPS Texas Highway Patrol (THP) or that person's
designee.
If amendments to 37 Tex. Admin. Code Chapter 4, Subchapter B require amending this MOU, DPS will
do so within a reasonable period of time. The date of any amendment under this paragraph will not
affect the renewal date described in Section IV, unless otherwise Indicated by DPS.
IL DPS RESPONSIBILITIES
DPS will:
A. Train, retrain (as necessary or desirable), test, and certify Allied Agency inspectors as per the
agreement between DPS and the CVSA.
B. Approve inspection forms for all Inspections conducted In conformance with this MOU.
C. Approve vehicle and driver out -of -service stickers.
D. Supply CVSA decals on a cost -recovery basis to Allied Agencies.
E. Supply software necessary for the data entry of all inspection Information, on a cost recovery basis to
Allied Agencies.
F. Supply Allied Agencies with inspection data, upon request.
G. Forward challenges of data in Inspections or crash reports to Allied Agencies for their inspections.
H. Conduct random in -person observation of inspections conducted by Allied Agency In order to ensure
Allied Agency's inspectors maintain practical proficiency In the program.
Ili. ALLIED AGENCY RESPONSIBILITIES
A. Certification Testing
Allied Agency must:
1. Enroll its commissioned, full-time officers who have not met the minimum certification
requirements for enforcement of Tex. Transp. Code Ch. 644 In training programs required by 37
Tex. Admin. Code § 4.13(b) prior to using these officers as Inspectors for commercial vehicle
enforcement. Allied Agency must reimburse DPS for costs associated with any training provided
by DPS under 37 Tex. Admin. Code § 4.13(b)(5).
MCB Allied Agencies MCSAP MOU Template Page 2 of 8
2. Implement a program to ensure Its officers perform the required number of Inspections annually,
as specified in 37 Tex. Admin. Code § 4.13(c), and successfully complete the required annual
certification training to maintain certification. To further program goals and achieve the highest
quality in Inspections, Allied Agency must ensure Its officers conduct more than the minimum
number of inspections required annually to maintain certification and that inspections are evenly
distributed throughout the year to maintain enforcement continuity.
3. Immediately suspend from performing CVSA enforcement and Inspections, any officer who fails
to maintain certification or who falls to perform the required number of inspections following
CVSA's North American Standard Uniform Inspection Procedures and the North American
Standard Out -of -Service Criteria guidelines.
4. Send a representative to the annual MCSAP meeting held by DIPS to ensure familiarity with all
updated policies and procedures.
B. Policies and Guidelines
Allied Agency must:
1. Conduct inspections only by using CVSA-certified officers.
2. Only conduct inspections on -duty. No inspections may be performed at any time for the specific
purpose of benefitting a carrier's safety profile whether on -site or off -site (such as a roadside or
at an inspection facility). Compensation for Inspections of any kind by other entities (Including
carriers and carrier employees) is prohibited.
3. Not use Inspection as a pretext to search commercial vehicles.
4. Ensure traffic stops performed on a commercial vehicle are made by either a CVSA certified
Inspector or by a peace officer using probable cause or reasonable suspicion guidelines. An
absence of these requisites will be cause for inspection report invalidation and a program
participation review.
5. Use the most current forms approved by DPS during the inspection process. Forms and software
may not be altered without the prior, written approval of DPS.
6. Ensure that CVSA-certified inspectors have adequate tools and resources to conduct queries into
motor carrier registration and operating authority while conducting roadside inspections.
7. Perform Level I, IV, and V inspections requiring undercarriage inspection and brake measurements
utilizing an inspection pit or with a referring officer for safety.
8. Perform only Level V terminal inspections on motor coaches for certification purposes except for
unusual circumstances (such as post -crash Investigations). All other inspections must be
conducted roadside. Level I, II, IV and V motor coach inspections must only be performed by
Passenger Vehicle Inspection certified inspectors.
9. Forward inspection data electronically to DPS within ten calendar days following the date of
Inspection for processing and final compliance using the most recent version of reporting
software.
10. Forward crash reports involving commercial motor vehicles to Texas Department of
Transportation (TxDOT) no later than ten calendar days after the date of the crash investigation.
11. Allow DPS to conduct random In -person observation of Inspections conducted by Allied Agency in
order to ensure that Allied Agency's inspectors maintain practical proficiency In the program.
MCB Allied Agencies MCSAP MOU Template Page 3 of 8
12. Not use its certification to enforce federal safety regulations as a primary method to generate
program revenue through enforcement penalties, or to enhance criminal interdiction activities.
13. Not allow officers certified to enforce federal safety regulations to participate In secondary
employment activities that present a conflict of Interest related to their commercial vehicle
enforcement duties. This prohibition includes Allied Agency officers trained by DPS that are no
longer assigned to commercial vehicle enforcement units but remain employed by the Allied
Agency.
14. Require all defects disclosed during the inspection process to be corrected.
15. Adopt the Recommended Out -of -Service Criteria and other defect repair verification procedures
as developed by CVSA.
16. Honor CVSA inspection decals affixed to those vehicles by all authorized agencies. CVSA decals
will be affixed to vehicles which pass the Level I or V CVSA inspection with no disqualifying
violations under the North American Standard Roadside inspection Procedures and the North
American Standard Out -of -Service Criteria.
17. Maintain the official copy of all reports of Inspections conducted by its CVSA certified Inspectors
for the current calendar year, plus two additional years. The official copy may be In paper or
retrievable electronic form, and it must bear the signature of the commercial motor vehicles
driver involved in the inspection. A copy must be provided to DPS upon DPS's request.
18. Conduct mock inspections and safety presentations as requested by the carrier and as approved
by supervisors. Allied Agency may conduct safety presentations that Include a mock (walk -around)
Inspection, but no documented inspection may be performed as part of a walk -around or safety
presentation.
19. Note circumstances in the inspection report when more than two citations are issued during an
Inspection. An important aspect of the MCSAP Is consistency in the Inspection process and
uniform enforcement. While it is recognized that uniform enforcement may include the issuance
of a citation by the inspecting officer, it is also recognized that there may be exceptional occasions
when the issuance of multiple citations may be warranted.
20. Document all violations (citations and warnings) discovered on the Inspection report as violations,
Including violations of local ordinances. Ali CMV contacts must be recorded on the inspection
report.
21. Investigate and determine whether a correction to data needs to be made when data In an
Inspection or crash report is challenged. Allied Agency must notify the motor carrier and DPS in
writing of the results of the Investigation within ten calendar days. If a correction is necessary, the
Allied Agency must make the correction and forward the corrected reports to DPS Immediately.
Retaliatory actions against motor carriers who file data challenges are strictly prohibited
22. Must notify DPS in writing ten calendar days any time an officer's certification status changes (is
certified, suspended, or decertified for different types of inspections, or transfers out of the CVSA
inspection program). A cumulative list of officers whose status has changed must be sent to DPS
by January 31 of each year.
23. Must comply with the annual fiscal requirements mandated by TRC 644.102 in reporting the total
amount of fines collected, actual enforcement program expenses and the remittance of
mandated funds to the Texas Comptroller of Public Accounts.
MCB Allied Agencies MCSAP MOU Template Page 4 of 8
IV. TERMINATION OF CERTIFICATION
*** UNLESS RENEWED, THiS MOU WILL EXPIRE ON AUGUST 1, 2023.***
A. Renewal of this MOU
To prevent a loss of authority to conduct CVSA inspections, please mail or FAX your renewal request
to the Department no more than 60 nor less than 30 days prior to the expiration of this MOU. If the
renewal has not been executed by the Allied Agency before the MOU expiration date, certified
officers must cease performing all CVSA Inspections, until the renewal has been fully executed.
B. Decertification
1, DPS may decertify Allied Agency, or individual officers conducting Inspections for Allied Agency,
for failure to demonstrate practical proficiency in the program during random in -person
observations by DPS, or by audits of inspections submitted.
2. DPS may decertify Allied Agency, or individual officers conducting Inspections for Allied Agency,
for using the certification as a primary method of generating program revenue or enhancing
criminal interdiction activities.
3. DPS may decertify Allied Agency, or individual officers conducting inspections for Allied Agency, if
officers to engage In secondary employment activities that present a conflict of interest with their
commercial vehicle enforcement duties.
4. DPS may decertify Allied Agency, or individual officers conducting inspections for Allied Agency,
for failure to comply with the provisions of the MOU, training, officer certification, or data -sharing
requirements, Including the requirement that Allied Agency reimburse DPS for training expenses
and the requirement that Allied Agency forward Information and respond to requests in a timely
manner, or any other provisions of 37 Tex. Admin. Code H 4.13 and 4.14. Reimbursement can be
made by check or money order, payable to the Department of Public Safety of the State of Texas.
..... , ........... .
5. DPS;may.`:decertify.:Allied.;Agency:for`.faliUre.:to.'com.ply with.;:the:'an.nuel fiscal:'regulrements
:......:........:.:....:...... ....,:.....:.:......:........:................ :....... .
mandated.by.:Tex.;Tra.n$p.:Gale.;§.,4t;102.:i411ied:Agency:m.ust.;prgperly.°:report fines:oiiected,
actual expenses,`and the amount of remittance seritto the State of Texas's Comptroller of Public
Accounts.
MCB Allied Agencies MCSAP MOU Template Page 5 of 8
C. Termination of Certification
1. Termination of certification, whether by decertification, request of Allied Agency, or by failure to
renew, will result in the Inability of Allied Agency, to retain expenses for any enforcement actions
taken after the effective date of the termination of certification. All reporting requirements,
Including the list of officers suspended and no longer certified' which is normally due by January
31 of each year, inspection data reports, and crash reports must be provided to DPS immediately
upon discontinuation in the certification program.
2. Allied Agency may discontinue certification at any time by notifying DPS Program Coordinator in
writing.
3. The CVSA and Federal Motor Carrier Safety Administration require officers to complete a
minimum number of inspections annually In order for officers to renew their certifications. The
purpose of this requirement is to ensure officers achieve and maintain practical proficiency in
inspecting commercial motor vehicles. Therefore, DPS will decertify Allied Agency, or individual
officers conducting Inspections for Allied Agency, for failure to report any inspections to DPS
within a six month period or for failure to evenly space the required number of inspections
throughout the year.
4. Any Termination of Certification terminates Allied Agency's authority to enforce federal safety
regulations under Texas Transp. Code Ch. 644, and Allied Agency's eligibility for reimbursement
of expenses from penalties assessed. DPS will notify the program coordinator for Allied Agency
and the Comptroller of Public Accounts in writing of any Termination of Certification.
5. DPS may issue a warning to Allied Agency if Allied Agency falls to conduct any inspections within
a three month period, DPS may also issue a warning if Allied Agency fails to comply with MOU
requirements In such a way that DPS deems the quality or timeliness of inspection data could be
compromised, or certified officers would fail to maintain practical proficiency in the program.
Failure to correct the compliance issues within three months, or such other period as DPS may
specify, can result In termination of the MOU and decertification of Allied Agency.
MCB Allied Agencies MCSAP MOU Template Page 6 of 8
V. PROGRAM COORDINATORS
The parties' program coordinators are responsible for all communications and contacts required to manage this
MOU. The parties must provide any updates regarding contact Information within 30 calendar days. The current
program coordinators for this MOU are:
Allied Agency:
Program Coordinator
Address
Voice Phone Number
Fax Number
E-mail Address
Department:
DEPARTMENT OF PUBLIC SAFETY
Texas Highway Patrol
Motor Carrier Bureau
Captain Omar Villarreal
Manager
Program Coordinator
MCB, P.O. Box 4087
Austin Texas 78773-0522
Address
(512) 424-2053
Volce Phone Number
(512) 424-5712
Fax Number
omar.villarreal@dps.texas.gov
E-mail Address
MCB Allied Agencies MCSAP MOU Template Page 7 of 8
Evidence of Acceptance:
Signature of Authorized Official
Political Subdivision
Name
Date
MCB Allied Agencies MCSAP MOU Template Page 8 of 8
MEM60NOUM.OF U�NbE NDIRG
R� TA, .,
Between
OEPARTmLNT OF PUB Llt,-,,sAFE,tY,O,FTHEST.ATE'O-FT-Ex,,As-(ops)
,and-
BEAUMONT. POLICE DEPARTMENT (Allib&Age
ncy)
1. :GENERAL AGREEMENT
X Oitrbd uctt6n- and Statutory -Authority
DRSa' d killed'A9 cy,0Pt.et,iptp th*- M ,morardl.qm of Uhde00fidi)'9
_(MO,UL)- Worde'tAb maximize
th(:;6ff6ctiVe,ut tz-a.tiompf cbmniercial mbt6rvbhicI 6, driver and c'argo Jpspe�- . .-r3 odftesi to -avoid
duplication- of eff t, to expand:,the numb.er, of` inspections performed; to advaftce. unJfor-'mitV;.6f;
inspections; and -to minimize: delays in schedules incurred ;by the industry, Inherent to ihistype of
enforcement activity.
h-6 e
J., qOe tot h4 .fbra basic, delineation of routine resp' ns!biIJfl6s,,,for th federal, "state, county,
e
and fijUni6Oa[,agb-hti6s,.lt ls;agreed;
DPS,%wiltlinsp.ectvehicl'es,-,o.peratih,g o-verpublichighway,s'and.at,,carrierierminal-facilities.
Av Alll;qd AgentiOsm'Ust sa routine practice; ,cOnf,.lno,,lrsiectioractivities to vehicles operating,`
highways - d'
"
.over Ppublic g_Wqys, an -city stre:ets, in'thesir jurisdictions With the ,exqplaAion bnicil)'61
police officers t.6rtifie'd'!,Ut�dbrTdxl..Tfa,-n-sD.-Codb.§-64,4�101.These certified municipal:poli'ce
officers,.may-c'onduc , t'-V.ehlclb i'nspedtlons at carri6e'tdf"-M'ifial-faeilit[6s.
2., The .Federal .Motor'carrier-Safety Administration'
-(FMCSA) has imposed timelinessand accuracy
-
:standards:on IJOS-regording interstate,and intrastate-4motor carrier information. DPS :in turn
6stal . blishM timeliness and accuracy standards for Allied Agencies, engaged in the -inspection
of
commercial motor Vehicles (CMV).
1- Allied -A encibs. --ah their �uthbrlz.M inspection 0re'Oeseritat
g representatives (Ptotai'm Codeciihatotsil) must
implement procedures,in-accordjance-with ,the ,.minimum .,stah.dards-.1h1hi's MQAJ.
4; ln,ordertota-dvan-ce,.uniformity'i'n,the inspection.of ClAVandthelroperators, AlfiedApancies must
-aclopt. the Commercial Vehicle: Safety r CUSA)"North American ttandard. Roadside,
Inspection Procedures -,and the North Amerkani Standard, but-of'Sqvke 61to a rj.1 ,as adopted by
• located at. � -4 1 http://www.statutes.legis;state.tx.Lus/ Chi 64,
• 37Tex. Ad in.'Code Chapter 4, Subchapter.B,.37 Tex-Acirni.n. Code Chapter 16; Subtha-pt
A,'and 37 T&x. Admih.Cpd6 C I hapto 21 located at littgs//ww
w.sos:texas.gov/taclindex.shtml;
and
The. most current-versi.on of LtheGmV`Enfbrcement,',,Gui'dbn-ce. Documents provided by-DPS to,
theAlliodAgenidjes-
Mt-:'bAllied'A.genci'es,-.'MC'S'A-P MO-0 Template Pagel of
tV8A,Levels-of Inspection
P Level.1 NbrthArherican, Standard
• Level 11 Walk-a-round:Ift$pOctioh
• Level 111 Drivet-Ohly Inspection
• Level IV Special Inspection
o Level. V Vehicle -On ly.1 nspection-. (Term! na 1)
The ,State of Texashat an insp
ection t ,�ect_jon quality agreement with. the FMCSA, in its Commercial Vehicle
Safietv'Plan. Irispbctiorisfound . 'to.be non -compliant With thls,ppllcy may be nullified. by'th&,QPS-:Motor'
Carrier: Bureau�(M CB) from the, ca,�.eiers #fiAV,pifofjId and from the inspector'
s certification record by
PatroI(THP)prthat persoWs'
designee.
If'ame-ndments.:�tO;'37TeX: Adtbir) Code Chapter 4,Subthaptir,5'reqpire.amendiiig-this -'M.OU IDPSwill
-do so within, a reasonable period of time. The date of any amendment under this paragraph -.will not
affect the renewai'da'te described in Section IV, unless otherwise indicatedby DPS'
11. DPS RESPONSIBILITIES
DID&W - Ill.
A.- Train; retrain (as necessary or desirable), ttest, and certify Allied. Agency inspectors asper t he
agreement between e eOn I)PS--and the CIVSA.
& A"" ro jhspi
pp YQ _qctiLdn-forrh�s for aI,I:irfspectiohscpndUcted in conformance with this MOU.
C. Ap .0rove..v - ehicle7aind driver out of. -service
D. Supply'CVSA,decals�:on a,cost-recovery basis t6Allied AJ;tendies,.
E. Supply software- necessary for the data:entry ofall inspection information, on a cost recovery basis to
A.Ith,0 Agencies.
F. Supply Allied Age.n1cles,with,11nspettion data :upon request.
G. Forward challenges bFdat t" 16s or crash reports to- Allied Agencies -for -their inspections.
.1rispec, ion
H. CondUCtrrzindom iri-person 6b§etvatioh. of,!-nspecA .* 9ps,cpri L d . d bv,Allied.Agency - In order to ensure
tucta
Alli6d-Agency's inspectors .ma.ihnin practical, proficiency in the program.
111. ALLIED'AGENCY RESPONSIBILITIES
A. Certification 7(esdng
Allled.Agen'q must:
1. :Enroll its, commissioned, 'full7tim.e officers who have, not met, the minimum certification
requirem,enis'.1-for enforcement of Tex. Trzinsp. Code ' CK,644, in training. pfogram§,req'uir8d,by 31,
-T,ek,. Admin. Code 5- 4A3(b) prior to using these- officers as inspectors, or f'---:c ornmeircia.1 vehicle,
,enforcement. Allied Agency must reimburse, DPSf6r costs- associated with. any" trainifig'provid6d 11
-by DPS'urid,6r'37 Tex.. Admin. Code § 4.13'(b)(5).
MCB Allied. Agencies, M CSAP"M'O.V: Template Page,"2�Qf8
,rqgraffi,to-en$ r Its officers perform t,he'requjrpd number dflrispdt Ifts-ii'hindally
as "specified edifle'djh 37 Tex. in. Cod-6§4J3 and -ycomplete the required annual
certification iralningAQ maintain certification. T6,-f rth&r-.,.programgQaIs" ,a-n0_c 'i_6_V t_he highes quality -in. 0 rispectiorys,,Alli'6d A ency,must ensure, its offlc',ers- conduct more than the minimum
rturnberoflospections: required-annua . Ily to, maintain--cer.--t',if!6iiion,-andthai,inspections,are evenly
Attlributs 0- toughputtIh_Lar to m--aiqtaln enforcement
continuity.
3. lbMgdjatdly "suspendjrolMperf rming CSA:edbrqeMqOt a d nspopflo-ns, a Yo_fflcer who fall's
to maintain- certification Owho f9il&A6."pge.fc(i&m the -,required miffiberof inspections, fbilo-win
9
.CVSA's- North American Standard Uniform lhsoectio6 -Procedures and the North.
American
'Standard Out7af-service Criteria guidelines.
A Send. a reDr-esentalive. to the annual WSO meeting held by'.10PS, to ensure f6milfarltyWithall
Updated policies
andprocedures: .
le� 4nd-I , ic 150
Alfied.Agency-mustz
1. tondqft hspe6n's,-onlyby�uMh 6VSA -cLrtified.Qfflcers.
2,, Only 6ondutt-ini-s— duty. No frisp hsm b-, f - &at, an time1pe the specific
pections,.,O _ectlo qy
P y ep.pr,qrrri_O q
purpose urp6se ofb0niefittirig a carrier's safety pfofjle;Whdt4&.dhsit ' ebe off -site (Such as`a roadside
6 or
at; anInspection facility). Compensation for inspectioris.',of any kind� by. other entities (including
carriers and carrier employees) is prohibited.
I, Not ,use inspectionI a,s:a pretext to search;commercial �vewicles..
46 lEntore traffic "stops peffotmed,, commercial
al vehicle 10 are: ma -de, -A �certified
on co by. either a c Vs
inspector or by'a_peace Officer
usingbabWtausb: or reasonable sutpitidn guidelines.. An
,
,absence of,, :these: requisites will be cause• for inspection repOtt! Jn_1v6lidatiofi-.,4hd,a program
1
,part [Cipation r ev i ew.*
I Uselhe most;,currenfforms approved byJ) P8- during the inspection process.- forms<and software.
may, not bethod e,prior-,,-,w "tien approval -of'DPS .
� altered
Ensure that (,YSA-certifiedI nsijectorsqv �h e,,odouate,tool5. and rosourcos.-ta-con-clu, queries -into.
_ct - jes
registrationandoperating-,,authorit w.hIle,g dut h 1 n's _e�qt 0 s
O�orbdrfrierl.fd&t.r. d,gnrd Mde, 0 i _n
car-j" gei spedt 'd btzike hib 't
1. Perform LeVeLLIN.,and Uffispectibris rpqJdlrih9 uhOlOri. ria- ibn,'-b.h,- &
util izing;an inspection pit or with -a referriln.g officer for=safety.
8: Perform only Level V-.terminal Inspections on -motor coacheslor=certlflcation- purposes except -for
uhusu'Of circumstances .(such as pbst4lcras I h 'investigations). All other inspect -tons must, be
conducted. . roadside. Levet 1, 11, 'IV and V I mptor'cciach Iftspettlons- Must only be per
formed by
Patseng&'VeWle- lnspeidtio`h 'certified I hsp6dt6m.
Si., Forward, inspection data electronically to, QRS'Withiriten cal6nidar..Adys fol.l.owing'the date of
inspection for processing and final compliance using,. the most "recent version i �of : reporting
software.
lk For r h reports S
Ward, i; a `involving Commercial motor vehicles to Texas Department.:of'
Tran 0qft_Atj0n(T PQT-) ftO.16t&thah ten calendar, dayafter the date' of the.-c-raslI'myestigation;
11- Allow DRS't6,conduct 'random in -person observation ,,jf in#.ections conducted:by A1116dAgency im
order to ensure that .'Al.lio.d':A.getic.y's<insp.6ctors- maintain pfac'ti6al 6'r6ficidncy"In-thd program.
M'CB Allied Agdhd . e's MCSAP MOU Tempi I ate' Page -3,oi,8'
12N use its c4rtifi6ati6nto =thf6tce federal Safdtyregulations' as a pi im—arI method, tb g_ehier _ te
.program revenue through enforcement. pehailties,.or-t.a,,,enhance-.criib'.fna.1 i'hterd1ction,;-;'5c_t1v.Rtes.
b, '40t. allow- officers certified "to :enforce ,,federal. safety,- regulations loparticipate, in -secondary
employment activities that present a,-c-onflict, of interest-, related Ito 1heircommercial, vehicle!
enforcement; d dsi Th,1§ prohibition hJudes Allied Agency gfficers trained by 0 PS`t4at are o I,qn'ger assigned t' q0thdrdil 'vehicle enforcement lt$� but_ remain �empjoypO,' Allied 5 igi1p, to., units the
14. Require all defects disclosed,during the, inspection processJo,-be corrected.
Recommended Out-, i Criteria andother 15. Moptthe. ofServke.� defect, repair verification procedures
Os,.developed byyCV-SA,
'16.-,-Hbhot-CVS-A.I_ 'ect `on decals a agencies:
;CVSAJde'dals
s,-Whic'4 pass, the Level
Wilt be, bfNed to vehicle' 'Le el I or USA.-irisod i with .'hd.: disqualfyipg
.Violations under the No'rth-AmeH(aft, Stafida'rd. Roadside Inspection 'Procedu,res and the North
American 8tandard Outrof7Ser.vIce.CrIter,[a.
17. Maintain the -official copy:,of;all reportsof inspectilon&conducted.by, itsCVSA certiffe&I-nspectors
for the current; cal
en ar year., plus, two ,additional years. '.The offisi.aI copy may be in papdror
retrievable
d1di3(qqWfor!-4j,-and it must bear the sign-4t, rer'Of the commercial motor vehicles
'duvet irivoIVdd'[h the in-50ectibnAC Py
dtt be. brovid ed 1o.,DPS Lipbh° DPS.. s red uest;
'18. Conduct m16ck, inspections ,and -safety presentations.as� nested bythe,carride and;,as-ajipr6vdd
re.,
:b,y--supervisors-,,,Allied"A,gency may conduc-t.,safotypeesehtaifbns-,thataiitlude a. mock,(W 'alk-arclu'rid),
'Inspection)- but no, d.ocumenfed','Inspection maybe performed as part,.of -a walk-waround.or safety
presentation..
19Note;circumstances in the& inspection t when more than two ,c]Tptlobs are iss'Udd. dutirl -an
repd.r 4, .g_
inspection;. dr.. An important: _aspectpectof
the _MCSAR Is consistency in the Inspeq'tpY procets:dnd
uniform.enforcement'Whilo.lt Is rerog'rlie thatjrif,ctffi�enfdrcem�6t�mayncluO-0,th6 issuance
-
of�a citation by-_iheTnsp.ectiR& officer- itisalso,,recogn'ized1hatthere maybe exceo0ofialocc-'a Mons
`when theAssuance.of -mulffole'..-cit6tions may be -warranted.
2q� p9oment4li violations .'(citations and warnings).discovered on,the inspection report as3violatiorts
t.!d,U:d1ng violations: of 'I rdiftaticOt I CMV contacts must bo,recorded on the inspection
21, -.1mbstigatean"d determine whetherz correction Iq ciata needs to tie .made when data, In an
Inspect -ion orcrash report, Is challenged. Allied Agency, must notifyAhe, motor carriev.and,'OPSYln
wr
iting of fhexesullts of the investigation, within ten calendar days.,,If a correction is necessary,,the
,Allied, Agency, must rftake f hd,Correction. and forward 'the corrected re -6 s IRS -Immediately.
.,p
rt-to, D
Retaliatory 6es WbPfillo da,Ua.Challeriges
22. WstnotifV DPS in Writing ten.,cal6ndar. 's, arr"ylirrie an cjff1C6T!s t,6ttifit.atibh.5tatij8,cha4g6s (is
day
.certified, suspehde.d,,-or,-decer-,tified-fordiff6rehttyoesj.ofifis'O"e-ctib.-n5,,betr;a-nsf6rs o.Ot4ftLhe_'CVSA.
'inspection p.rogram).Acum.ula.tive.'Ilst,of�-offi'cers-,,whose:status has changed: must -be. sentto:o - PS
byja,nuary,k ofeach year.
-on '41 fiscal r u , 1 remeht ma d yvi the 'at '91"t
d annual .�q ddbyTRC-64_4,.,-W2inrep_qrtin hetotal
amo
unt of finds t6llkt6de actual enforcement prog-r4en", expphsOs: and the, remittance of
mandated fund's to the Texas Corriptroller of Public co.0 s;
MCM .- Allied Agencies IviCSAP MOU Template: Page 6il-8
IV, -.'TERMINATION OF -CERTIFICATION
*** UNLESS RENE{NED; T--HIS MOU'1NI1l._EXPIRE O`N.AUGUST 1, 2023:***
A. Renew al'of;this IVIQ,U
To prevent Gloss of.-auth;orityto.conduct CVSA inspections, please; mail or;FAX;your rene " I request
tothe Departmentno.,.mo,re,than 00- nor less than 3.0 days prior°to:the>expiration of this MQU.. If the
renewal has not been executed "by 'the Allied Agency before the MOU. exp'ira$on date,, certified
officers: must cease' performing=all CVSA inspections, until -the renewal has been fully executed.
B. De:certification
1. DP_S.may clecertify.Allied Agency, or individual officers conducting; inspections`for. Allied Agency,
for failure: to -demonstrate practical proficiency in the program during random, Jn-person
observations by DPS,._or by, audits of inspections submiited':
2. OPS'may" decertify;Allied Agency; or individual officers conducting. inspections for Allied Agency,
for using thd. certification. as -:a: primary method of -generafing' program revenue or enhancing
criminal interdiction activities.
3. COS may decertify;Allied Agency, or individual officers;conducting inspections for Allied Agency, if
.officers to_engage:in secondary employment;activities that presentzconflict :ofinterestwith their
,commercial vehicle enforcement duties.
4. DPS may decertify. Allied Agency, or individual officers conducting Inspections for Allied Agency,
for failure to:com'plyWith 'the'piovisionsofthe'M.OU,traiWing,officer certification;or`d.ata, -sharing
requirements,;including the rec{uirement-that Allied Agency reimburse D,PS'for training expenses
and the eequi'rementthatiAl ied.Agencyforward-inforrratibn and resp:orid-to requests -In a timely
manner, or.. any other provisions of 37 Tex. -Admin..Code §§ 4..13 and 4.14-Reimbursement can be
made by check or money, order,, payable to the Department of Public Safety;of'.the State.of Texas.
PS may decertify Allieda, gency for' ailure..to comp ,-with�the anbual,_fiscal regmrements
_ _
mandated by�Tex_Transp Code § 644102 Allied Agency must properly report�fines collected;
tual expenses, and the amount of remittance sent to the State of Teitas's Comptroller of Public
Accounts:
MCB Allied Agencies.MgW MQU Template Pa4e-5 of 8
.C. Termination 6fCOrti_fItgtib'h
'I; T6rtbihotioh3df'cibttifititi6fi, whether '-byf ilu're to
0 bYdkO*ifIc6tIofi.1 _0 s-e-t .0AIlle.dAgencyr6e
rehdw, Will.��41tlhlhe 1- 8 ility Of A11186Ageky to�fe 41 0 -Onforcementactl'ons
. �Y_ .1 � 0 ji. .: - , - Agency; retain expenses ft-rany
taken -after the effectiVe.clate, of the termination of'certfficatl6n; All reporting
Including-AKeA[stof -officers suspended and no: longer. certifled Which "is- normally, clue` byJanuary
91: of:each-year, inspection claiwreporis,!and',crash, reports -must be provided to -DPS immediately
u,poltAlisconti'nuation, lhthe-,certifitation:pr ra-m.
2, 411ied;Agencymay discontinue certification at any time; by hdtifying,[?PSTr. &arn Coordinator; in
�Q
writing.
3., The. CVS.A and, "Federal Motor Carrier, Safety Administration require officers to complete a
minimum number :bf-Anspecdons -an n u a I ly in, order "for ,offl'celrs,to renew:,thiei-r--cer-tificatibns. The
purpose" of this requirement is toensqre officers athiieve and' -maintain '. practical proficiency
i -cienty in.
IrSPj�C'Iqg c,OMercial motdrvehicle& Therefore, QPS Will,,decertify Allied Agency, or individual
Officers d-ohclubtlifig i4sp'ec(i 'for.Alli, A9660, -f f failure' t - 6 report any n" Inspettions "to. OPS',
within: a six Month OH66,04,or. failure to. evenly space the. required number, ofAnspe tions
thtoughoutihe year.
4. Any Terminaiion:of Certification terminates Allied Agency's authority to enforce 7federal ,safety
.regulations under Texas Transp; Code ch, 644, and Allied '_AgentyS'eji&ty for 'reimbur,86ffie nt
of expenses 'from penalties 'assessed. DPS will, notify the 'program coordinator for 'Allied' Agency
and the CbMbtr6II& df'P-U-blltAcc 1 0 h - s1n, riting n
t Pfa. YTermi'h_atjbh.6,fCertification.
511. DPS may issue warning to. A] Ned -Agency if All led- Agencylfdils: to,conductany'Inspections,withk
a three.month-',period. bIJS may also issue a-warning.if Allied Agency fails to complywith 1 h'
_lvlO'U
-timeliness of, lnsijoctiob':datac6uld be
compromised _ certified ,ff! C'rS'_Wdd _tb.:.hiai proficiency in_'thno 049eaf.
Rd.re,tb:corf th6 pjar�cejss 'es'ithUnA *ee�mon�hs,orsueh,-other ' iod a`s QVS may
sOe-cifyr' can olftluMOVatid decO.fificationl6f Allied.Agency,
MC'B-Allied Agendes_MC'S-AP'M'O.'U Template 'Page 6-6f 8:
V., PROGRAM
The, parties' orogram coordina'tors. are responsible for all 1comm unfcatlo'ns- and contacisrequiredto-manage this
WU The parties must provide�any updates regarding.contact informatibn within 30 calendar day&7 . he current
program coordinators for-this;-M-OU are:
A.1116d A9enc'y_:;:
Program Coordin r,
14M�����
Vplte'Phon.e-Nuftiber
Department:
DEPARTMENT OF PUBLIC SAFETY
Texas, Highway Patrol
. 9
Motor C6rri& Bubeau
Captqih War Villarreal
Manager
Program, Coordinator
M_CB, P.O,..Box 4087
Austin Texas 7.8773-0522
Address
V&d:Phone! .Number
(512) 424-5712
fax Number
omar'villarreal@dOs,.t6xas.g(jv
E-mail Address
MCI3,Alli.ed.A9e4clb.t MCS.AP MOU Template Page.. 7 of S
EV,idence- of Accept-011pie:
Signature of Authorized Official
- . 1, l I lamwc
-
Title 0 Q \ 1-1
Date
MCB Allied Age4cles MC -SAP MOU Template P '-P9 , b 8 6,f".8
.,