Section 153 Legislation


    Highway Safety Act of 1966

    23 USC Chapter 1

    Revision November 28, 1995


    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 affect 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 is such fiscal year a traffic safety programs 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 anytime 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 present 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 anytime 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 subsection (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 highways 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.-- Not withstanding 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 to 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 terms 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"


    109 STAT. 624 PUBLIC LAW 104-59-NOV. 28, 1995

    SEC. 355. SAFETY BELT USE LAW REQUIREMENTS FOR NEW HAMPSHIRE AND MAINE.

      a.) IN GENERAL. - For purposes of this section and section 153 of title 23, United states Code, the States of New Hampshire and Maine shall each be treated as having in effect a State law described in subsection (a)(2) of such section and as having achieved a rate of compliance with the State law required by subsections (f)(2) and (f)(3) of such section upon certification by the Secretary that the State has achieved-

        1) a safety belt use rate in each of fiscal years 1995 and 1996, of not less than 50 percent; and;

        2) a safety belt use rate in each fiscal year thereafter of not less than the national average safety belt use rate, as determined by the Secretary.

      (b) RETROACTIVE APPLICABILITY.--

        (1) Effective Date.-Subsection (a) shall take effect September 30,1995.

        (2) TREATMENT OF CONTINUANCE OF SAFETY BELT USE LAW.-If the State of New Hampshire or Maine continues in effect a law described in subsection (a)(2) of section 153 of title 23, United States Code, within 60 days after the date of the enactment of this section, the State shall be treated, for purposes of this section and such section, as having in effect a State law described in such subsection on September 30, 1995.

      (c.) RESERVATION OF APPORTIONMENT PENDING CERTIFICATION.-If, at any time in a fiscal year beginning after September 30,1994, the State of New Hampshire or Maine does not have in effect a law described in subsection (a)(2) of section 153 of title23, United States Code, the Secretary shall reserve 3 percent of the funds to be apportioned to the State for the succeeding fiscal year, under each of subsections (b)(1), (b)(2), and (b)(3) of section 104 of such title, of the Secretary has not certified, in accordance with subsection (a) of this section, that the State has achieved the applicable safety belt use rate.

      (d.) EFFECT ON NON-CERTIFICATION.-if, at the end of the fiscal year in which the funds are reserved under subsection (c), the Secretary has not certified, in accordance with subsection (a), that the State of New Hampshire or Maine achieved the applicable safety belt use rate, the Secretary shall transfer the funds reserved from the State under subsection (c) to the apportionment of the State under section 402 of title 23, United States Code.