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23 U.S.C. § 154 — Open container requirements
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-23/section-154-open-container-requirements--fe2dc36b47.md
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Source location: Title 23, Chapter 1, § 154; chapter-001-federal-aid-highways.md
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**(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 in this subsection with respect to such a motor vehicle for each fiscal year during which the law is in effect.
**(c) Transfer of Funds.—**
(1) **Fiscal years 2001 and 2002.—** — On October 1, 2000, and October 1, 2001, if a State has not enacted or is not enforcing an open container law described in subsection (b), the Secretary shall transfer an amount equal to 1½ percent of the funds apportioned to the State on that date under each of paragraphs (1), (2), and (4) of section 104(b) to the apportionment of the State under section 402—
(A) to be used for impaired driving countermeasures; or
(B) to be directed to State and local law enforcement agencies for enforcement of laws prohibiting driving while intoxicated or driving under the influence and other related laws (including regulations), including the purchase of equipment, the training of officers, and the use of additional personnel for specific impaired driving countermeasures, dedicated to enforcement of the laws (including regulations).
(2) **Fiscal year 2022 and thereafter.—**
(A) *Reservation of funds.—*
(i) *In general.—* — On October 1, 2021, and each October 1 thereafter, in the case of a State described in clause (ii), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1), and paragraph (3).
(ii) *States described.—* — A State referred to in clause (i) is a State—
(I) that has not enacted or is not enforcing an open container law described in subsection (b); and
(II) for which the Secretary determined for the prior fiscal year that the State had not enacted or was not enforcing an open container law described in subsection (b).
(B) *Transfer of funds.—* — As soon as practicable after the date of receipt of a certification from a State under subparagraph (A)(i), the Secretary shall—
(i) transfer the reserved funds identified by the State for use as described in subparagraphs (A) and (B) of paragraph (1) to the apportionment of the State under section 402; and
(ii) release the reserved funds identified by the State as described in paragraph (3).
(3) **Use for highway safety improvement program.—**
(A) *In general.—* — A State may elect to use all or a portion of the funds reserved under paragraph (2) for activities eligible under section 148.
(B) *State departments of transportation.—* — If the State makes an election under subparagraph (A), the funds shall be transferred to the department of transportation of the State, which shall be responsible for the administration of the funds.
(4) **Federal share.—** — The Federal share of the cost of a project carried out with funds transferred under paragraph (1) or (2), or used under paragraph (3), shall be 100 percent.
(5) **Derivation of amount to be transferred.—** — The amount to be transferred or released under paragraph (2) may be derived from the following:
(A) The apportionment of the State under section 104(b)(1).
(B) The apportionment of the State under section 104(b)(2).
(6) **Transfer of obligation authority.—**
(A) *In general.—* — 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 transfer an amount, determined under subparagraph (B), of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs for carrying out projects under section 402.
(B) *Amount.—* — The amount of obligation authority referred to in subparagraph (A) shall be determined by multiplying—
(i) the amount of funds transferred under subparagraph (A) to the apportionment of the State under section 402 for the fiscal year, by
(ii) the ratio that—
(I) the amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs, bears to
(II) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to any obligation limitation) for the fiscal year.
(7) **Limitation on applicability of obligation limitation.—** — Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs under section 402 shall apply to funds transferred under this subsection to the apportionment of a State under such section.
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Federal law — U.S. Code and appendices · legal_authorities
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
**(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
**(a) Motor Boats, Yachts, Aircraft, and Radio Stations.—** The Coast Guard may utilize for any purpose incident to carrying out its functions and duties as authorized by the Secretary any motorboat, yacht, aircraft, or radio station placed at its disposition for any of such purposes by any member of the Auxiliary, by any corporation, partnership, or association, or by any State or political subdivision thereof.
**(b) Motor Vehicles.—** The Coast Guard may utilize to carry out its functions and duties as authorized by the Secretary any motor vehicle (as defined in [section 30102 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30102&num=0&edition=prelim)) placed at its disposition by any member of the Auxiliary, by any corporation, partnership, or association, or by any State or political subdivision thereof, to tow Federal Government property.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each State shall certify to the Secretary before January 1 of each year that it is enforcing all State laws respecting maximum vehicle size and weights permitted on the Federal-aid primary system, the Federal-aid urban system, and the Federal-aid secondary system, including the Interstate System in accordance with [section 127 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section127&num=0&edition=prelim). Each State shall also certify that it is enforcing and complying with the provisions of [section 127(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section127/d&num=0&edition=prelim) and [section 31112 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31112&num=0&edition=prelim).
**(b)**
(1) Each State shall submit to the Secretary such information as the Secretary shall, by regulation, require as necessary, in his opinion, to verify the certification of such State under subsection (b) of this section.
(2) If a State fails to certify as required by subsection (b) of this section or if the Secretary determines that a State is not adequately enforcing all State laws respecting such maximum vehicle size and weights, notwithstanding such a certification, then Federal-aid highway funds apportioned to such State for such fiscal year shall be reduced by amounts equal to 7 percent of the amount which would otherwise be apportioned to such State under paragraphs (1) through (6) of section 104(b).
(3) If within one year from the date that the apportionment for any State is reduced in accordance with paragraph (2) of this subsection the Secretary determines that such State is enforcing all State laws respecting maximum size and weights, the apportionmen
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Federal law — U.S. Code and appendices · legal_authorities
**(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 thi
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Federal law — U.S. Code and appendices · legal_authorities
Page 268
TITLE 23—HIGHWAYS
§ 154
(Added Pub. L. 102–240, title I, § 1031(a)(1), Dec.
18, 1991, 105 Stat. 1970; amended Pub. L. 104–59,
title II, § 205(e), Nov. 28, 1995, 109 Stat. 577; Pub.
L. 112–141, div. A, title I, § 1404(e), July 6, 2012, 126
Stat. 558; Pub. L. 114–94, div. A, title I,
§ 1446(a)(7), Dec. 4, 2015, 129 Stat. 1437.)
Editorial Notes
REFERENCES IN TEXT
The date of the enactment of this section, referred to
in subsecs. (c) and (i)(3), is the date of enactment of
Pub. L. 102–240, which was approved Dec. 18, 1991.
Section 104 of this title, referred to in subsec. (h)(1),
was amended generally by Pub. L. 112–141, div. A, title
I, § 1105(a), July 6, 2012, 126 Stat. 427.
Section 154 of this title, referred to in subsec. (i)(2),
was repealed by Pub. L. 104–59, title II, § 205(d)(1)(B),
Nov. 28, 1995, 109 Stat. 577. A new section 154, con-
taining a similar definition of ‘‘motor vehicle’’, was en-
acted by Pub. L. 105–178, title I, § 1405(a), as added Pub.
L. 105–206, title IX, § 9005(a), July 22, 1998, 112 Stat. 843.
PRIOR PROVISIONS
A prior section 153, added Pub. L. 93–87, title II,
§ 210(a), Aug. 13, 1973, 87 Stat. 287; amended Pub. L.
94–280, title I, § 131, May 5, 1976, 90 Stat. 441, related to
a program for the elimination of roadside obstacles,
prior to repeal by Pub. L. 95–599, title I, § 168(b), Nov. 6,
1978, 92 Stat. 2723.
AMENDMENTS
2015—Subsec. (h)(2). Pub. L. 114–94 substituted ‘‘para-
graphs (1), (2), and (4)’’ for ‘‘paragraphs (1) through (3)’’.
2012—Subsec. (h)(1), (2). Pub. L. 112–141 redesignated
par. (2) as (1), substituted ‘‘PRIOR TO FISCAL YEAR 2012’’
for ‘‘THEREAFTER’’ in par. heading, inserted ‘‘and before
October 1, 2011,’’ after ‘‘September 30, 1994,’’ in text,
added par. (2), and struck out former par. (1
Source: Supplied 2024 U.S. Code historical extraction · 23 U.S.C. § 154
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