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23 U.S.C. § 153 — Use of safety belts and motorcycle helmets

Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 153 — Use of safety belts and motorcycle helmets

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Source file: Laws/federal/codes/united-states-code/title-23/section-153-use-of-safety-belts-and-motorcycle-helmets--685c485146.md
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Source location: Title 23, Chapter 1, § 153; chapter-001-federal-aid-highways.md

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**(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) **Prior to fiscal year 2012.—** — If, at any time in a fiscal year beginning after September 30, 1994, and before October 1, 2011, 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 11 See References in Text note below. of this title to the apportionment of the State under [section 402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section402&num=0&edition=prelim). (2) **Fiscal year 2012 and thereafter.—** — If, at any time in a fiscal year beginning after September 30, 2011, a State does not have in effect a law described in subsection (a)(2), the Secretary shall transfer an amount equal to 2 percent of the funds apportioned to the State for the succeeding fiscal year under each of paragraphs (1), (2), and (4) of section 104(b) to the apportionment of the State under section 402. (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section402&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 104 — Apportionment

**(a) Administrative Expenses.—** (1) **In general.—** — There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration— (A) $490,964,697 for fiscal year 2022; (B) $500,783,991 for fiscal year 2023; (C) $510,799,671 for fiscal year 2024; (D) $521,015,664 for fiscal year 2025; and (E) $531,435,977 for fiscal year 2026. (2) **Purposes.—** — The amounts authorized to be appropriated by this subsection shall be used— (A) to administer the provisions of law to be funded from appropriations for the Federal-aid highway program and programs authorized under chapter 2; (B) to make transfers of such sums as the Secretary determines to be appropriate to the Appalachian Regional Commission for administrative activities associated with the Appalachian development highway system; and (C) to reimburse, as appropriate, the Office of Inspector General of the Department of Transportation for the conduct of annual audits of financial statements in accordance with [section 3521 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3521&num=0&edition=prelim). (3) **Availability.—** — The amounts made available under paragraph (1) shall remain available until expended. **(b) Division Among Programs of State’s Share of Base Apportionment.—** The Secretary shall distribute the amount of the base apportionment apportioned to a State for a fiscal year under subsection (c) among the national highway performance program, the surface transportation block grant program, the highway safety improvement program, the congestion mitigation and air quality improvement program, the national highway fr

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 402 — Highway safety programs

**(a) Program Required.—** (1) **In general.—** — Each State shall have in effect a highway safety program that— (i) is designed to reduce— (I) traffic crashes; and (II) deaths, injuries, and property damage resulting from those crashes; (ii) includes— (I) an approved, current, triennial highway safety plan in accordance with subsection (k); and (II) an approved grant application under subsection (l) for the fiscal year; (iii) demonstrates compliance with the applicable administrative requirements of subsection (b)(1); and (iv) is approved by the Secretary. (2) **Uniform guidelines.—** — Programs required under paragraph (1) shall comply with uniform guidelines, promulgated by the Secretary and expressed in terms of performance criteria, that— (A) include programs— (i) to reduce injuries and deaths resulting from motor vehicles being driven in excess of posted speed limits; (ii) to encourage the proper use of safety belts by occupants of motor vehicles; (iii) to encourage more widespread and proper use of child restraints, with an emphasis on underserved populations; (iv) to reduce injuries and deaths resulting from persons driving motor vehicles while impaired by alcohol or a controlled substance; (v) to prevent crashes and reduce injuries and deaths resulting from crashes involving motor vehicles and motorcycles; (vi) to reduce injuries and deaths resulting from crashes involving school buses; (vii) to reduce crashes resulting from unsafe driving behavior (including aggressive or fatigued driving and distracted driving arising from the use of electronic devices in vehicles); (viii) to improve law enforcement services in motor vehicle crash prevention, traffic supervision, and post-crash proce

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 154 — Open container requirements

**(a) Definitions.—** In this section, the following definitions apply: (1) **Alcoholic beverage.—** — The term “alcoholic beverage” has the meaning given the term in section 158(c). (2) **Motor vehicle.—** — The term “motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated exclusively on a rail or rails. (3) **Open alcoholic beverage container.—** — The term “open alcoholic beverage container” means any bottle, can, or other receptacle— (A) that contains any amount of alcoholic beverage; and (B) (i) that is open or has a broken seal; or (ii) the contents of which are partially removed. (4) **Passenger area.—** — The term “passenger area” shall have the meaning given the term by the Secretary by regulation. **(b) Open Container Laws.—** (1) **In general.—** — For the purposes of this section, each State shall have in effect a law that prohibits the possession of any open alcoholic beverage container, or the consumption of any alcoholic beverage, in the passenger area of any motor vehicle (including possession or consumption by the driver of the vehicle) located on a public highway, or the right-of-way of a public highway, in the State. (2) **Motor vehicles designed to transport many passengers.—** — For the purposes of this section, if a State has in effect a law that makes unlawful the possession of any open alcoholic beverage container by the driver (but not by a passenger)— (A) in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation; or (B) in the living quarters of a house coach or house trailer, the State shall be deemed to have in effect a law described i

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5313 — Positions at level II

Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 101 — Definitions and declaration of policy

**(a) Definitions.—** In this title, the following definitions apply: (1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws. (2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost. (3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided. (4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 153 — Use of safety belts and motorcycle helmets

Page 266 TITLE 23—HIGHWAYS § 153 scribed in subsection (a)’’ for ‘‘highway safety improve- ment project’’. Subsec. (c). Pub. L. 105–178, § 1401(3), substituted ‘‘on— ‘‘(1) any public road; ‘‘(2) any public surface transportation facility or any publicly owned bicycle or pedestrian pathway or trail; or ‘‘(3) any traffic calming measure’’ for ‘‘on any pub- lic road (other than a highway on the Interstate Sys- tem)’’. Subsec. (e). Pub. L. 105–178, § 1401(4), struck out ‘‘ap- portioned to the States as provided in section 402(c) of this title. Such funds shall be’’ before ‘‘available for ob- ligation’’ and substituted ‘‘section 104(b)’’ for ‘‘section 104(b)(1)’’. Subsecs. (f), (g). Pub. L. 105–178, § 1401(5), substituted ‘‘safety improvement projects’’ for ‘‘highway safety im- provement projects’’ wherever appearing. 1995—Subsec. (g). Pub. L. 104–59 substituted ‘‘Com- mittee on Transportation and Infrastructure’’ for ‘‘Committee on Public Works and Transportation’’. 1987—Subsec. (g). Pub. L. 100–17 substituted ‘‘the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Trans- portation of the House of Representatives’’ for ‘‘the Congress’’. 1983—Subsec. (c). Pub. L. 97–424 substituted provision that funds authorized to carry out this section shall be available for expenditure on any public road (other than a highway on the Interstate System), for provi- sion that funds authorized to carry out this section would be available solely for expenditure for projects on any Federal-aid system (other than the Interstate System) except in the Virgin Islands, Guam, and Amer- ican Samoa. 1982—Subsec. (g). Pub. L. 97–375 inserted ‘‘(including but not limited to any projects for pavement mark- ing)’’ after ‘‘implementing th

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