DOT 23 CFR PART 1275-2011 REPEAT INTOXICATED DRIVER LAWS.pdf

1、541 NHTSA and FHWA, DOT 1275.3 U.S.C. 154 and this part, based on NHTSAs and FHWAs preliminary re-view of its certification, will be advised of the funds expected to be transferred under 1270.4 from apportionment, as part of the advance notice of appor-tionments required under 23 U.S.C. 104(e), norm

2、ally not later than ninety days prior to final apportionment. (b) If NHTSA and FHWA determine that the State is not in compliance with 23 U.S.C. 154 and this part, based on the agencies preliminary review, the State may, within 30 days of its re-ceipt of the advance notice of appor-tionments, submit

3、 documentation showing why it is in compliance. Docu-mentation shall be submitted to the appropriate National Highway Traffic Safety Administration Regional office. (c) Each fiscal year, each State deter-mined not to be in compliance with 23 U.S.C. 154 and this part, based on NHTSAs and FHWAs final

4、determina-tion, will receive notice of the funds being transferred under 1270.6 from apportionment, as part of the certifi-cation of apportionments required under 23 U.S.C. 104(e), which normally occurs on October 1 of each fiscal year. PART 1275REPEAT INTOXICATED DRIVER LAWS Sec. 1275.1 Scope. 1275

5、.2 Purpose. 1275.3 Definitions. 1275.4 Compliance criteria. 1275.5 Certification requirements. 1275.6 Transfer of funds. 1275.7 Use of transferred funds. 1275.8 Procedures affecting States in non-compliance. AUTHORITY: 23 U.S.C. 164; delegation of au-thority at 49 CFR 1.48 and 1.50. SOURCE: 63 FR 55

6、802, Oct. 19, 1998, unless otherwise noted. 1275.1 Scope. This part prescribes the requirements necessary to implement Section 164 of Title 23, United States Code, which en-courages States to enact and enforce repeat intoxicated driver laws. 1275.2 Purpose. The purpose of this part is to specify the

7、 steps that States must take to avoid the transfer of Federal-aid high-way funds for noncompliance with 23 U.S.C. 164. 1275.3 Definitions. As used in this part: (a) Alcohol concentration means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. (b) Drivers mot

8、or vehicle means a motor vehicle with a title or registra-tion on which the repeat intoxicated drivers name appears. (c) Driving while intoxicated means driving or being in actual physical con-trol of a motor vehicle while having an alcohol concentration above the per-mitted limit as established by

9、each State, or an equivalent non-BAC in-toxicated driving offense. (d) Driving under the influence has the same meaning as driving while intoxi-cated. (e) Enact and enforce means the States law is in effect and the State has begun to implement the law. (f) Ignition interlock system means a State-cer

10、tified system designed to pre-vent drivers from starting their car when their breath alcohol concentra-tion is at or above a preset level. (g) Impoundment or immobilization means the removal of a motor vehicle from a repeat intoxicated drivers pos-session or the rendering of a repeat in-toxicated dr

11、ivers motor vehicle inop-erable. For the purpose of this regula-tion, impoundment or immobiliza-tion also includes the forfeiture or confiscation of a repeat intoxicated drivers motor vehicle or the revoca-tion or suspension of a repeat intoxi-cated drivers motor vehicle license plate or registratio

12、n. (h) Imprisonment means confinement in a jail, minimum security facility, community corrections facility, house arrest with electronic monitoring, in-patient rehabilitation or treatment center, or other facility, provided the individual under confinement is in fact being detained. (i) License susp

13、ension means a hard suspension of all driving privileges. (j) Motor vehicle means a vehicle driv-en or drawn by mechanical power and VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00551 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for Res

14、aleNo reproduction or networking permitted without license from IHS-,-,-542 23 CFR Ch. II (4111 Edition) 1275.4 manufactured primarily for use on pub-lic highways, but does not include a ve-hicle operated solely on a rail line or a commercial vehicle. (k) Repeat intoxicated driver means a person who

15、 has been convicted of driv-ing while intoxicated or driving under the influence of alcohol more than once in any five-year period. (l) Repeat intoxicated driver law means a State law that imposes the minimum penalties specified in 1275.4 of this part for all repeat intoxicated drivers. (m) State me

16、ans any of the 50 States, the District of Columbia or the Com-monwealth of Puerto Rico. 63 FR 55802, Oct. 19, 1998, as amended at 65 FR 59124, Oct. 4, 2000 1275.4 Compliance criteria. (a) To avoid the transfer of funds as specified in 1275.6 of this part, a State must enact and enforce a law that es

17、-tablishes, as a minimum penalty, that all repeat intoxicated drivers shall: (1) Receive a drivers license suspen-sion of not less than one year; (2) Be subject to either (i) The impoundment of each of the drivers motor vehicles during the one- year license suspension; (ii) The immobilization of eac

18、h of the drivers motor vehicles during the one- year license suspension; or (iii) The installation of a State-ap-proved ignition interlock system on each of the drivers motor vehicles at the conclusion of the one-year license suspension; (3) Receive an assessment of their de-gree of alcohol abuse, a

19、nd treatment as appropriate; and (4) Receive a mandatory sentence of (i) Not less than five days of impris-onment or 30 days of community serv-ice for a second offense; and (ii) Not less than ten days of impris-onment or 60 days of community serv-ice for a third or subsequent offense. (b) Exceptions

20、. (1) A State may pro-vide limited exceptions to the im-poundment or immobilization require-ments contained in paragraphs (a)(2)(i) and (a)(2)(ii) of this section on an indi-vidual basis, to avoid undue hardship to any individual who is completely de-pendent on the motor vehicle for the necessities

21、of life, including any family member of the convicted individual, and any co-owner of the motor vehicle, but not including the offender. (2) A State may provide limited ex-ceptions to the requirement to install an ignition interlock system on each of the offenders motor vehicles, con-tained in parag

22、raph (a)(2)(iii) of this section, on an individual basis, to avoid undue financial hardship, provided the State law requires that the offender may not operate a motor vehicle with-out an ignition interlock system. (3) Such exceptions may be issued only in accordance with a State law, regulation or b

23、inding policy directive establishing the conditions under which vehicles may be released by the State or under Statewide published guidelines and in exceptional cir-cumstances specific to the offenders motor vehicle, and may not result in the unrestricted use of the vehicle by the repeat intoxicated

24、 driver. 63 FR 55802, Oct. 19, 1998, as amended at 65 FR 59124, Oct. 4, 2000 1275.5 Certification requirements. (a) Until a State has been determined to be in compliance, or after a State has been determined to be in non-com-pliance, with the requirements of 23 U.S.C. 164, to avoid the transfer of f

25、unds in any fiscal year, beginning with FY 2001, the State shall certify to the Secretary of Transportation, on or be-fore September 30 of the previous fiscal year, that it meets the requirements of 23 U.S.C. 164 and this part. (b) The certification shall be made by an appropriate State official, an

26、d it shall provide that the State has en-acted and is enforcing a repeat intoxi-cated driver law that conforms to 23 U.S.C. 164 and 1275.4 of this part. (1) If the States repeat intoxicated driver law is currently in effect and is being enforced, the certification shall be worded as follows: (Name o

27、f certifying official), (position title), of the (State or Commonwealth) of lll, do hereby certify that the (State or Commonwealth) of lll, has enacted and is enforcing a repeat intoxicated driver law that conforms to the requirements of 23 U.S.C. 164 and 23 CFR 1275.4, (citations to pertinent State

28、 statutes, regulations, case law or other binding legal requirements, in-cluding definitions, as needed). VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00552 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or netwo

29、rking permitted without license from IHS-,-,-543 NHTSA and FHWA, DOT 1275.7 (2) If the States repeat intoxicated driver law is not currently in effect, but will become effective and be en-forced by October 1 of the following fis-cal year, the certification shall be worded as follows: (Name of certif

30、ying official), (position title), of the (State or Commonwealth) of lll, do hereby certify that the (State or Commonwealth) of lll, has enacted a re-peat intoxicated driver law that conforms to the requirements of 23 U.S.C. 164 and 23 CFR 1275.4, (citations to pertinent State statutes, regulations,

31、case law or other binding legal requirements, including definitions, as need-ed), and will become effective and be en-forced as of (effective date of the law). (c) An original and four copies of the certification shall be submitted to the appropriate NHTSA Regional Adminis-trator. Each Regional Admi

32、nistrator will forward the certifications to the appropriate NHTSA and FHWA offices. (d) Once a State has been determined to be in compliance with the require-ments of 23 U.S.C. 164, it is not required to submit additional certifications, ex-cept that the State shall promptly sub-mit an amendment or

33、 supplement to its certification provided under para-graphs (a) and (b) of this section if the States repeat intoxicated driver legis-lation changes or the State ceases to enforce its law. 63 FR 55802, Oct. 19, 1998, as amended at 65 FR 59124, Oct. 4, 2000 1275.6 Transfer of funds. (a) On October 1,

34、 2000, and October 1, 2001, if a State does not have in effect or is not enforcing the law described in 1275.4, the Secretary shall transfer an amount equal to 112 percent of the funds apportioned to the State for the fiscal year under each of 23 U.S.C. 104(b)(1), (b)(3), and (b)(4) to the appor-tio

35、nment of the State under 23 U.S.C. 402. (b) On October 1, 2002, and each Octo-ber 1 thereafter, if a State does not have in effect or is not enforcing the law described in 1275.4, the Secretary shall transfer an amount equal to 3 percent of the funds apportioned to the State for the fiscal year unde

36、r each of 23 U.S.C. 104(b)(1), (b)(3), and (b)(4) to the apportionment of the State under 23 U.S.C. 402. (c) On October 1, the transfers to sec-tion 402 apportionments will be made based on proportionate amounts from each of the apportionments under 23 U.S.C. 104(b)(1),(b)(3) and (b)(4). Then the St

37、ates will be given until October 30 to notify FHWA, through the appro-priate Division Administrator, if they would like to change the distribution among 23 U.S.C. 104(b)(1),(b)(3) and (b)(4). 63 FR 55802, Oct. 19, 1998, as amended at 65 FR 59124, Oct. 4, 2000 1275.7 Use of transferred funds. (a) Any

38、 funds transferred under 1275.6 may: (1) Be used for approved projects for alcohol-impaired driving counter-measures; or (2) Be directed to State and local law enforcement agencies for enforcement of laws prohibiting driving while in-toxicated or driving under the influ-ence and other related laws (

39、including regulations), including the purchase of equipment, the training of officers, and the use of additional personnel for spe-cific alcohol-impaired driving counter-measures, dedicated to enforcement of the laws (including regulations). (b) States may elect to use all or a portion of the transf

40、erred funds for hazard elimination activities eligible under 23 U.S.C. 152. (c) The Governors Representative for Highway Safety and the Secretary of the States Department of Transpor-tation for each State shall jointly iden-tify, in writing to the appropriate NHTSA Administrator and FHWA Divi-sion A

41、dministrator, how the funds will be programmed among alcohol-im-paired driving programs, hazard elimi-nation programs, and planning and ad-ministration costs, no later than 60 days after the funds are transferred. (d) The Federal share of the cost of any project carried out with the funds transferre

42、d under 1275.6 of this part shall be 100 percent. (e) The amount to be transferred under 1275.6 of this Part may be de-rived from one or more of the fol-lowing: (1) The apportionment of the State under 104(b)(1); (2) The apportionment of the State under 104(b)(3); or VerDate Mar2010 09:39 May 11, 20

43、11 Jkt 223076 PO 00000 Frm 00553 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-544 23 CFR Ch. II (4111 Edition) 1275.8 (3) The apportionment of the State under 104(b)(4). (

44、f)(1) If any funds are transferred under 1275.6 of this part to the appor-tionment of a State under Section 402 for a fiscal year, an amount, deter-mined under paragraph (e)(2) of this section, of obligation authority will be distributed for the fiscal year to the State for Federal-aid highways and

45、highway safety construction programs for carrying out projects under Section 402. (2) The amount of obligation author-ity referred to in paragraph (e)(1) of this section shall be determined by multiplying: (i) The amount of funds transferred under 1275.6 of this Part to the appor-tionment of the Sta

46、te under Section 402 for the fiscal year; by (ii) The ratio that: (A) The amount of obligation author-ity distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs; bears to (B) The total of the sums apportioned to the State for Federal-aid highwa

47、ys and highway safety construction pro-grams (excluding sums not subject to any obligation limitation) for the fis-cal year. (g) Notwithstanding any other provi-sion of law, no limitation on the total obligations for highway safety pro-grams under Section 402 shall apply to funds transferred under 1

48、275.6 to the apportionment of a State under such section. 63 FR 55802, Oct. 19, 1998, as amended at 65 FR 59124, Oct. 4, 2000 1275.8 Procedures affecting States in noncompliance. (a) Each fiscal year, each State deter-mined to be in noncompliance with 23 U.S.C. 164 and this part, based on NHTSAs and

49、 FHWAs preliminary re-view of its certification, will be advised of the funds expected to be transferred under 1275.4 from apportionment, as part of the advance notice of appor-tionments required under 23 U.S.C. 104(e), normally not later than ninety days prior to final apportionment. (b) If NHTSA and FHWA determine that the State is not in compliance with 23 U.S.C. 164 and this part, based on the agencies pr