23 U.S.C. § 153 : US Code - Section 153: Use of safety belts and motorcycle helmets

Search 23 U.S.C. § 153 : US Code - Section 153: Use of safety belts and motorcycle helmets

(a) Authority To Make Grants. - The Secretary may make grants to
a State in a fiscal year in accordance with this section if the
State has in effect in such fiscal year -
(1) a law which makes unlawful throughout the State the
operation of a motorcycle if any individual on the motorcycle is
not wearing a motorcycle helmet; and
(2) a law which makes unlawful throughout the State the
operation of a passenger vehicle whenever an individual in a
front seat of the vehicle (other than a child who is secured in a
child restraint system) does not have a safety belt properly
fastened about the individual's body.
(b) Use of Grants. - A grant made to a State under this section
shall be used to adopt and implement a traffic safety program to
carry out the following purposes:
(1) Education. - To educate the public about motorcycle and
passenger vehicle safety and motorcycle helmet, safety belt, and
child restraint system use and to involve public health education
agencies and other related agencies in these efforts.
(2) Training. - To train law enforcement officers in the
enforcement of State laws described in subsection (a).
(3) Monitoring. - To monitor the rate of compliance with State
laws described in subsection (a).
(4) Enforcement. - To enforce State laws described in
subsection (a).
(c) Maintenance of Effort. - A grant may not be made to a State
under this section in any fiscal year unless the State enters into
such agreements with the Secretary as the Secretary may require to
ensure that the State will maintain its aggregate expenditures from
all other sources for any traffic safety program described in
subsection (b) at or above the average level of such expenditures
in the State's 2 fiscal years preceding the date of the enactment
of this section.
(d) Federal Share. - A State may not receive a grant under this
section in more than 3 fiscal years. The Federal share payable for
a grant under this section shall not exceed -
(1) in the first fiscal year the State receives a grant, 75
percent of the cost of implementing in such fiscal year a traffic
safety program described in subsection (b);
(2) in the second fiscal year the State receives a grant, 50
percent of the cost of implementing in such fiscal year such
traffic safety program; and
(3) in the third fiscal year the State receives a grant, 25
percent of the cost of implementing in such fiscal year such
traffic safety program.
(e) Maximum Aggregate Amount of Grants. - The aggregate amount of
grants made to a State under this section shall not exceed 90
percent of the amount apportioned to such State for fiscal year
1990 under section 402.
(f) Eligibility for Grants. -
(1) General rule. - A State is eligible in a fiscal year for a
grant under this section only if the State enters into such
agreements with the Secretary as the Secretary may require to
ensure that the State implements in such fiscal year a traffic
safety program described in subsection (b).
(2) Second-year grants. - A State is eligible for a grant under
this section in a fiscal year succeeding the first fiscal year in
which a State receives a grant under this section only if the
State in the preceding fiscal year -
(A) had in effect at all times a State law described in
subsection (a)(1) and achieved a rate of compliance with such
law of not less than 75 percent; and
(B) had in effect at all times a State law described in
subsection (a)(2) and achieved a rate of compliance with such
law of not less than 50 percent.
(3) Third-year grants. - A State is eligible for a grant under
this section in a fiscal year succeeding the second fiscal year
in which a State receives a grant under this section only if the
State in the preceding fiscal year -
(A) had in effect at all times a State law described in
subsection (a)(1) and achieved a rate of compliance with such
law of not less than 85 percent; and
(B) had in effect at all times a State law described in
subsection (a)(2) and achieved a rate of compliance with such
law of not less than 70 percent.
(g) Measurements of Rates of Compliance. - For the purposes of
subsections (f)(2) and (f)(3), a State shall measure compliance
with State laws described in subsection (a) using methods which
conform to guidelines issued by the Secretary ensuring that such
measurements are accurate and representative.
(h) Penalty. -
(1) Fiscal year 1994. - If, at any time in fiscal year 1994, a
State does not have in effect a law described in subsection
(a)(2), the Secretary shall transfer 1 1/2 percent of the funds
apportioned to the State for fiscal year 1995 under each of
subsections (b)(1), (b)(2), and (b)(3) of section 104 of this
title to the apportionment of the State under section 402 of this
title.
(2) Thereafter. - If, at any time in a fiscal year beginning
after September 30, 1994, a State does not have in effect a law
described in subsection (a)(2), the Secretary shall transfer 3
percent of the funds apportioned to the State for the succeeding
fiscal year under each of subsections (b)(1), (b)(2), and (b)(3)
of section 104 of this title to the apportionment of the State
under section 402 of this title.
(3) Federal share. - The Federal share of the cost of any
project carried out under section 402 with funds transferred to
the apportionment of section 402 shall be 100 percent.
(4) Transfer of obligation authority. - If the Secretary
transfers under this subsection any funds to the apportionment of
a State under section 402 for a fiscal year, the Secretary shall
allocate an amount of obligation authority distributed for such
fiscal year to the State for Federal-aid highways and highway
safety construction programs for carrying out only projects under
section 402 which is determined by multiplying -
(A) the amount of funds transferred to the apportionment of
section 402 of the State under section 402 for such fiscal
year; by
(B) the ratio of the amount of obligation authority
distributed for such fiscal year to the State for Federal-aid
highways and highway safety construction programs to the total
of the sums apportioned to the State for Federal-aid highways
and highway safety construction (excluding sums not subject to
any obligation limitation) for such fiscal year.
(5) Limitation on applicability of highway safety obligations. -
Notwithstanding any other provision of law, no limitation on
the total of obligations for highway safety programs carried out
by the Federal Highway Administration under section 402 shall
apply to funds transferred under this subsection to the
apportionment of section 402.
(i) Definitions. - For the purposes of this section, the
following definitions apply:
(1) Motorcycle. - The term "motorcycle" means a motor vehicle
which is designed to travel on not more than 3 wheels in contact
with the surface.
(2) Motor vehicle. - The term "motor vehicle" has the meaning
such term has under section 154 (!1) of this title.
(3) Passenger vehicle. - The term "passenger vehicle" means a
motor vehicle which is designed for transporting 10 individuals
or less, including the driver, except that such term does not
include a vehicle which is constructed on a truck chassis, a
motorcycle, a trailer, or any motor vehicle which is not required
on the date of the enactment of this section under a Federal
motor vehicle safety standard to be equipped with a belt system.
(4) Safety belt. - The term "safety belt" means -
(A) with respect to open-body passenger vehicles, including
convertibles, an occupant restraint system consisting of a lap
belt or a lap belt and a detachable shoulder belt; and
(B) with respect to other passenger vehicles, an occupant
restraint system consisting of integrated lap shoulder belts.
(j) Authorization of Appropriations. - There is authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account) to carry out this section $17,000,000 for fiscal
year 1992. From sums made available to carry out section 402 of
this title, the Secretary shall make available $17,000,000 for
fiscal year 1992 and $24,000,000 for each of fiscal years 1993 and
1994 to carry out this section.
(k) Applicability of Chapter 1 Provisions. - All provisions of
this chapter that are applicable to National Highway System funds,
other than provisions relating to the apportionment formula and
provisions limiting the expenditures of such funds to Federal-aid
systems, shall apply to funds authorized to be appropriated to
carry out this section, except as determined by the Secretary to be
inconsistent with this section and except that sums authorized by
this section shall remain available until expended.