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

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 (i)(2), was repealed by Pub.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 Page 269 TITLE 23—HIGHWAYS § 154 any motor vehicle (including possession or consumption by the driver of the vehicle) lo- cated 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 al- coholic beverage container by the driver (but not by a passenger)— (A) in the passenger area of a motor vehi- cle designed, maintained, or used primarily for the transportation of persons for com- pensation; 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 en- acted or is not enforcing an open container law described in subsection (b), the Secretary shall transfer an amount equal to 11⁄2 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 coun- termeasures; 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 re- lated laws (including regulations), including the purchase of equipment, the training of officers, and the use of additional personnel for specific impaired driving counter- measures, 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 Sec- retary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of para- graphs (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 en- forcing an open container law described in subsection (b); and (II) for which the Secretary deter- mined for the prior fiscal year that the State had not enacted or was not enforc- ing an open container law described in subsection (b). (B) TRANSFER OF FUNDS.—As soon as prac- ticable after the date of receipt of a certifi- cation from a State under subparagraph (A)(i), the Secretary shall— (i) transfer the reserved funds identified by the State for use as described in sub- paragraphs (A) and (B) of paragraph (1) to the apportionment of the State under sec- tion 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 TRANSPOR- TATION.—If the State makes an election under subparagraph (A), the funds shall be transferred to the department of transpor- tation of the State, which shall be respon- sible 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 TRANS- FERRED.—The amount to be transferred or re- leased 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 ap- portionment 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 high- ways and highway safety construction pro- grams for carrying out projects under sec- tion 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 high- way safety construction programs, bears to (II) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction pro- grams (excluding sums not subject to any obligation limitation) for the fiscal year. (7) LIMITATION ON APPLICABILITY OF OBLIGA- TION 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. (Added Pub. L. 105–178, title I, § 1405(a), as added Pub. L. 105–206, title IX, § 9005(a), July 22, 1998, Page 270 TITLE 23—HIGHWAYS [§ 155 112 Stat. 843; amended Pub. L. 109–59, title I, § 1401(a)(3)(C), Aug. 10, 2005, 119 Stat. 1225; Pub. L. 112–141, div. A, title I, § 1402, July 6, 2012, 126 Stat. 556; Pub. L. 114–94, div. A, title I, § 1446(a)(8), Dec. 4, 2015, 129 Stat. 1437; Pub. L. 117–58, div. A, title I, § 11131(a), div. B, title IV, § 24106(a), Nov. 15, 2021, 135 Stat. 509, 806.) Editorial Notes PRIOR PROVISIONS A prior section 154, added Pub. L. 93–643, § 114(a), Jan. 4, 1975, 88 Stat. 2286; amended Pub. L. 95–599, title II, § 205, Nov. 6, 1978, 92 Stat. 2729; Pub. L. 97–35, title XI, § 1108, Aug. 13, 1981, 95 Stat. 626; Pub. L. 100–17, title I, § 174, Apr. 2, 1987, 101 Stat. 218; Pub. L. 102–240, title I, § 1029(a), (b), (e), (g), Dec. 18, 1991, 105 Stat. 1968–1970, es- tablished the national maximum speed limit, prior to repeal by Pub. L. 104–59, title II, § 205(d)(1)(B), (3), Nov. 28, 1995, 109 Stat. 577, applicable to State on 10th day following Nov. 28, 1995, except that if legislature was not in session on such date and chief executive officer declared before such date that legislature was not in session and that State preferred applicability date that was after date on which legislature would convene, ap- plicable to State on 60th day following date on which legislature would next convene. AMENDMENTS 2021—Subsec. (c)(1). Pub. L. 117–58, § 24106(a), sub- stituted ‘‘impaired’’ for ‘‘alcohol-impaired’’ in subpars. (A) and (B). Subsec. (c)(2). Pub. L. 117–58, § 11131(a)(1), substituted ‘‘2022’’ for ‘‘2012’’ in heading. Subsec. (c)(2)(A). Pub. L. 117–58, § 11131(a)(2), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: ‘‘On October 1, 2011, and each October 1 thereafter, if a State has not en- acted or is not enforcing an open container law de- scribed in subsection (b), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be appor- tioned to the State on that date under each of para- graphs (1) and (2) of section 104(b) until the State cer- tifies to the Secretary the means by which the State will use those reserved funds in accordance with sub- paragraphs (A) and (B) of paragraph (1) and paragraph (3).’’ Subsec. (c)(2)(B). Pub. L. 117–58, § 11131(a)(3), sub- stituted ‘‘subparagraph (A)(i)’’ for ‘‘subparagraph (A)’’ in introductory provisions. 2015—Subsec. (c)(1). Pub. L. 114–94, § 1446(a)(8)(A), sub- stituted ‘‘paragraphs (1), (2), and (4)’’ for ‘‘paragraphs (1), (3), and (4)’’. Subsec. (c)(3)(A). Pub. L. 114–94, § 1446(a)(8)(B), sub- stituted ‘‘reserved’’ for ‘‘transferred’’. Subsec. (c)(5). Pub. L. 114–94, § 1446(a)(8)(C)(i), inserted ‘‘or released’’ after ‘‘transferred’’ in introductory provi- sions. Subsec. (c)(5)(A). Pub. L. 114–94, § 1446(a)(8)(C)(ii), sub- stituted ‘‘under section 104(b)(1)’’ for ‘‘under section 104(b)(l)’’. 2012—Subsec. (c)(2). Pub. L. 112–141, § 1402(1), added par. (2) and struck out former par. (2). Prior to amend- ment, text read as follows: ‘‘On October 1, 2002, and each October 1 thereafter, if a State has not enacted or is not enforcing an open container law described in sub- section (b), the Secretary shall transfer an amount equal to 3 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) to the apportionment of the State under section 402 to be used or directed as described in sub- paragraph (A) or (B) of paragraph (1).’’ Subsec. (c)(3). Pub. L. 112–141, § 1402(2), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: ‘‘A State may elect to use all or a portion of the funds transferred under paragraph (1) or (2) for activities eligible under section 148.’’ Subsec. (c)(5). Pub. L. 112–141, § 1402(3), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: ‘‘The amount to be transferred under paragraph (1) or (2) may be derived from one or more of the following: ‘‘(A) The apportionment of the State under section 104(b)(1). ‘‘(B) The apportionment of the State under section 104(b)(3). ‘‘(C) The apportionment of the State under section 104(b)(4).’’ 2005—Subsec. (c)(3). Pub. L. 109–59 substituted ‘‘148’’ for ‘‘152’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 11131(a) of Pub. L. 117–58 effec- tive Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title. 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 Section effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, see section 9016 of Pub. L. 105–206, set out as an Effective Date of 1998 Amendment note under section 101 of this title. [§ 155. Repealed. Pub. L. 112–141, div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 575] Section, added Pub. L. 93–643, § 115(a), Jan. 4, 1975, 88 Stat. 2287; amended Pub. L. 95–599, title I, § 129(e), Nov. 6, 1978, 92 Stat. 2708, related to access highways to pub- lic recreation areas on certain lakes. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title. § 156. Proceeds from the sale or lease of real property (a) MINIMUM CHARGE.—Subject to section 142(f), a State shall charge, at a minimum, fair market value for the sale, use, lease, or lease re- newal (other than for utility use and occupancy or for a transportation project eligible for as- sistance under this title) of real property ac- quired with Federal assistance made available from the Highway Trust Fund (other than the Mass Transit Account). (b) EXCEPTIONS.—The Secretary may grant an exception to the requirement of subsection (a) for a social, environmental, or economic pur- pose. (c) USE OF FEDERAL SHARE OF INCOME.—The Federal share of net income from the revenues obtained by a State under subsection (a) shall be used by the State for projects eligible under this title. (Added Pub. L. 100–17, title I, § 126(a), Apr. 2, 1987, 101 Stat. 167; amended Pub. L. 102–240, title