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 the hazard elimination pro- gram’’. 1979—Subsec. (g). Pub. L. 96–106 substituted ‘‘Decem- ber 30’’ for ‘‘September 30’’ and ‘‘April 1’’ for ‘‘January 1’’. 1978—Subsec. (a). Pub. L. 95–599 substituted ‘‘public roads’’ for ‘‘highways’’ and inserted provisions relating to identification of hazardous sections and elements. Subsec. (b). Pub. L. 95–599 substituted provisions re- lating to approval of highway safety improvement proj- ects by the Secretary for provisions authorizing appro- priations for fiscal years ending June 30, 1974 through June 30, 1976. Subsec. (c). Pub. L. 95–599 reenacted subsec. (c) with- out substantive change. Subsec. (d). Pub. L. 95–599 substituted provisions pre- scribing the Federal share payable on account of any project under this section for provisions relating to ap- portionment of funds made available under subsec. (b) to the States. See subsec. (e) of this section. Subsec. (e). Pub. L. 95–599 substituted provisions re- lating to apportionment of funds to the States under this section for provisions relating to progress reports required of the States under this section. See subsec. (g). Subsecs. (f) to (h). Pub. L. 95–599 added subsecs. (f) and (g) and redesignated former subsec. (f) as (h). 1976—Subsec. (f). Pub. L. 94–280 added subsec. (f). Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (g) of this section relating to the require- ment that the Secretary of Transportation submit a re- port to the Committee on Environment and Public Works of the Senate and the Committee on Transpor- tation and Infrastructure of the House of Representa- tives not later than April 1 of each year, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 135 of House Document No. 103–7. § 153. Use of safety belts and motorcycle helmets (a) AUTHORITY TO MAKE GRANTS.—The Sec- retary 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 im- plement 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 re- straint system use and to involve public health education agencies and other related agencies in these efforts. (2) TRAINING.—To train law enforcement offi- cers in the enforcement of State laws de- scribed in subsection (a). (3) MONITORING.—To monitor the rate of compliance with State laws described in sub- section (a). (4) ENFORCEMENT.—To enforce State laws de- scribed in subsection (a). (c) MAINTENANCE OF EFFORT.—A grant may not be made to a State under this section in any fis- cal year unless the State enters into such agree- ments 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 sec- tion. (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 de- scribed in subsection (b); (2) in the second fiscal year the State re- ceives a grant, 50 percent of the cost of imple- menting 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 Page 267 TITLE 23—HIGHWAYS § 153 1 See References in Text note below. the Secretary as the Secretary may require to ensure that the State implements in such fis- cal 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 Sec- retary ensuring that such measurements are ac- curate and representative. (h) PENALTY.— (1) PRIOR TO FISCAL YEAR 2012.—If, at any time in a fiscal year beginning after Sep- tember 30, 1994, and before October 1, 2011, a State does not have in effect a law described in subsection (a)(2), the Secretary shall trans- fer 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 1 of this title to the apportionment of the State under section 402 of this title. (2) FISCAL YEAR 2012 AND THEREAFTER.—If, at any time in a fiscal year beginning after Sep- tember 30, 2011, a State does not have in effect a law described in subsection (a)(2), the Sec- retary shall transfer an amount equal to 2 per- cent of the funds apportioned to the State for the succeeding fiscal year under each of para- graphs (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 sec- tion 402 with funds transferred to the appor- tionment 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 Sec- retary shall allocate an amount of obligation authority distributed for such fiscal year to the State for Federal-aid highways and high- way 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 high- way 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 pro- grams carried out by the Federal Highway Ad- ministration under section 402 shall apply to funds transferred under this subsection to the apportionment of section 402. (i) DEFINITIONS.—For the purposes of this sec- tion, 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 vehi- cle’’ has the meaning such term has under sec- tion 154 1 of this title. (3) PASSENGER VEHICLE.—The term ‘‘pas- senger 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 con- structed on a truck chassis, a motorcycle, a trailer, or any motor vehicle which is not re- quired 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 vehi- cles, an occupant restraint system con- sisting of integrated lap shoulder belts. (j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated out of the High- way 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 for- mula 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. 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). Prior to amendment, text of par. (1) read as follows: ‘‘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 11⁄2 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.’’ 1995—Subsec. (h)(1), (2). Pub. L. 104–59 struck out ‘‘a law described in subsection (a)(1) and’’ after ‘‘have in effect’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of this title. EFFECTIVE DATE OF 1995 AMENDMENT Pub. L. 104–59, title II, § 205(e), Nov. 28, 1995, 109 Stat. 577, provided that the amendment made by that section is effective Sept. 30, 1995. EFFECTIVE DATE Section effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applica- ble to funds appropriated or made available on or be- fore Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set out as an Effective Date of 1991 Amendment note under section 104 of this title. STOP MOTORCYCLE CHECKPOINT FUNDING Pub. L. 114–94, div. A, title IV, § 4007, Dec. 4, 2015, 129 Stat. 1510, provided that: ‘‘Notwithstanding section 153 of title 23, United States Code, the Secretary [of Trans- portation] may not provide a grant or any funds to a State, county, town, township, Indian tribe, munici- pality, or other local government that may be used for any program— ‘‘(1) to check helmet usage; or ‘‘(2) to create checkpoints that specifically target motorcycle operators or motorcycle passengers.’’ STUDY OF BENEFITS OF SAFETY BELTS AND MOTOR- CYCLE HELMETS TO INDIVIDUALS INVOLVED IN CRASH- ES Pub. L. 102–240, title I, § 1031(b), Dec. 18, 1991, 105 Stat. 1973, provided that: ‘‘(1) IN GENERAL.—The Secretary shall conduct a study or studies to determine the benefits of safety belt use and motorcycle helmet use for individuals involved in motor vehicle crashes and motorcycle crashes, col- lecting and analyzing data from regional trauma sys- tems regarding differences in the following: the sever- ity of injuries; acute, rehabilitative and long-term medical costs, including the sources of reimbursement and the extent to which these sources cover actual costs; government, employer, and other costs; and mor- tality and morbidity outcomes. The study shall cover a representative period after January 1, 1990. ‘‘(2) REPORT.—The Secretary shall make public a pro- posed report on the results of the study or studies con- ducted under this subsection, provide a period of 90 days for public comment on such report, consider such comments, and transmit to Congress a report on the re- sults of such study or studies, together with a summary of such comments, not later than 40 months after the funds for such study are made available by the Sec- retary. ‘‘(3) FUNDING.—Of the amounts authorized to be ap- propriated for fiscal year 1992 or 1993 (or both) to carry out section 153 of title 23, United States Code, the Sec- retary shall make available $5,000,000 in the aggregate in such fiscal years to carry out this subsection. Such funds shall remain available until expended.’’ § 154. Open container requirements (a) DEFINITIONS.—In this section, the following definitions apply: (1) ALCOHOLIC BEVERAGE.—The term ‘‘alco- holic beverage’’ has the meaning given the term in section 158(c). (2) MOTOR VEHICLE.—The term ‘‘motor vehi- cle’’ means a vehicle driven or drawn by me- chanical power and manufactured primarily for use on public highways, but does not in- clude 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 re- moved. (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 sec- tion, 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