Section 405 Legislation


    Highway Safety Act of 1966
    23 USC Chapter 4

    Revision August 2005

    Section 405. Occupant protection incentive grant.

    (a) General authority.

      (1) Authority to make grants. Subject to the requirements of this section, the Secretary shall make grants under this section to States that adopt and implement effective programs to reduce highway deaths and injuries resulting from individuals riding unrestrained or improperly restrained in motor vehicles. Such grants may be used by recipient States only to implement and enforce, as appropriate, such programs.

      (2) Maintenance of effort. No grant may 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 programs described in paragraph (1) at or above the average level of such expenditures in its 2 fiscal years preceding the date of enactment of the Safe, Accountable, Flexible, Efficient Transportation Equity Act:A Legacy for Users [enacted August 10, 2005].

      (3) Maximum period of eligibility. No State may receive grants under this section in more than 6 fiscal years beginning after September 30, 2003.

      (4) Federal share. The Federal share of the cost of implementing and enforcing, as appropriate, in a fiscal year a program adopted by a State pursuant to paragraph (1) shall not exceed--

        (A) in each of the first and second fiscal years in which the State receives a grant under this section, 75 percent beginning after September 30, 2003;

        (B) in each of the third and fourth fiscal years in which the State receives a grant under this section, 50 percent beginning after September 30, 2003; and

        (C) in each of the fifth and sixth fiscal years in which the State receives a grant under this section, 25 percent beginning after September 30, 2003.

    (b) Grant eligibility. A State shall become eligible for a grant under this section by adopting or demonstrating to the satisfaction of the Secretary at least 4 of the following:

      (1) Safety belt use law. The State has in effect a safety belt use law that makes unlawful throughout the State the operation of a passenger motor vehicle whenever an individual (other than a child who is secured in a child restraint system) in the front seat of the vehicle (and, beginning in fiscal year 2001, in any seat in the vehicle) does not have a safety belt properly secured about the individual's body.

      (2) Primary safety belt use law. The State provides for primary enforcement of the safety belt use law of the State.

      (3) Minimum fine or penalty points. The State imposes a minimum fine or provides for the imposition of penalty points against the driver's license of an individual--

        (A) for a violation of the safety belt use law of the State; and

        (B) for a violation of the child passenger protection law of the State.

      (4) Special traffic enforcement program. The State has implemented a statewide special traffic enforcement program for occupant protection that emphasizes publicity for the program.

      (5) Child passenger protection education program. The State has implemented a statewide comprehensive child passenger protection education program that includes education programs about proper seating positions for children in air bag equipped motor vehicles and instruction on how to reduce the improper use of child restraint systems.

      (6) Child passenger protection law. The State has in effect a law that requires minors who are riding in a passenger motor vehicle to be properly secured in a child safety seat or other appropriate restraint system.

    (c) Grant amounts. The amount of a grant for which a State qualifies under this section for a fiscal year shall equal up to 100 percent of the amount apportioned to the State for fiscal year 2003 under section 402.

    (d) Administrative expenses. Funds authorized to be appropriated to carry out this section in a fiscal year shall be subject to a deduction not to exceed 5 percent for the necessary costs of administering the provisions of this section.

    (e) Applicability of Chapter . [23 USCS 101 et seq.]. The provisions contained in section 402(d) shall apply to this section.

    (f) Definitions. In this section, the following definitions apply:

      (1) Child safety seat. The term "child safety seat" means any device (except safety belts) designed for use in a motor vehicle to restrain, seat, or position a child who weighs 50 pounds or less.

      (2) Motor vehicle. The term "motor vehicle" means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line.

      (3) Multipurpose passenger vehicle. The term "multipurpose passenger vehicle" means a motor vehicle with motive power (except a trailer), designed to carry not more than 10 individuals, that is constructed either on a truck chassis or with special features for occasional off-road operation.

      (4) Passenger car. The term "passenger car" means a motor vehicle with motive power (except a multipurpose passenger vehicle, motorcycle, or trailer) designed to carry not more than 10 individuals.

      (5) Passenger motor vehicle. The term "passenger motor vehicle" means a passenger car or a multipurpose passenger motor vehicle.

      (6) 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 and shoulder belts.