DOT 23 CFR PART 1345-2011 INCENTIVE GRANT CRITERIA FOR OCCUPANT PROTECTION PROGRAMS.pdf

1、579 National Highway Traffic Safety Admin., DOT 1345.3 1Identify if the observation site is an original observation site or an alternate ob-servation site. 2Occupants refer to both drivers and pas-sengers. 3The standard error may not exceed 2.5 percent. The survey design has remained un-changed sinc

2、e the survey was approved by NHTSA. llllllll, a qualified survey stat-istician, has reviewed the seat belt use rate reported above and information reported in Part B and has determined that they meet the Uniform Criteria for State Observational Surveys of Seat Belt Use, 23 CFR Part 1340. lllllllllll

3、lllllllllllllSignature llllllllllllllllllllllllDate llllllllllllllllllllllllPrinted name of signing official PART BDATA COLLECTED AT OBSERVATION SITES Site ID Site type1Date ob-served Sample weight Number of driv-ers Number of front Pas-sengers Number of occu-pants2belted Number of occu-pants unbelt

4、ed Number of occu-pants with unknown belt use Total Standard Error of Statewide Belt Use Rate3lll Nonresponse Rate, as provided in 1340.9(f) Nonresponse rate for the survey variable seat belt use: llll PART 1345INCENTIVE GRANT CRITERIA FOR OCCUPANT PRO-TECTION PROGRAMS Sec. 1345.1 Scope. 1345.2 Purp

5、ose. 1345.3 Definitions. 1345.4 General requirements. 1345.5 Requirements for a grant. 1345.6 Award procedures. AUTHORITY: Pub. L. 10578; Pub. L. 10959; 23 U.S.C. 405; delegation of authority at 49 CFR 1.50. SOURCE: 63 FR 52597, Oct. 1, 1998, unless otherwise noted. 1345.1 Scope. This part establish

6、es criteria, in ac-cordance with 23 U.S.C. 405, for award-ing incentive grants to States that adopt and implement effective pro-grams to reduce highway deaths and injuries resulting from individuals riding unrestrained or improperly re-strained in motor vehicles. 70 FR 69080, Nov. 14, 2005 1345.2 Pu

7、rpose. The purpose of this part is to imple-ment the provisions of 23 U.S.C. 405 and to encourage States to adopt effective occupant protection programs. 70 FR 69080, Nov. 14, 2005 1345.3 Definitions. Child restraint system means child safety seat. Child safety seat means any device (except safety b

8、elts) designed for use in a motor vehicle to restrain, seat, or po-sition a child who weighs 50 pounds or less. First fiscal year means the first fiscal year beginning after September 30, 2003. Minimum fine means a total monetary penalty which may include fines, fees, court costs, or any other addit

9、ional monetary assessments collected. Passenger motor vehicle means a pas-senger car, pickup truck, van, minivan, or sport utility vehicle. State means any of the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa or the Commonwealth of the Northern Mariana

10、 Islands. Subsequent fiscal years means the sec-ond, third, fourth, fifth, or sixth fiscal VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00589 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted

11、 without license from IHS-,-,-580 23 CFR Ch. III (4111 Edition) 1345.4 year beginning after September 30, 2003. Targeted population means a specific group of people chosen by a State to re-ceive instruction on proper use of child restraint systems. 63 FR 52597, Oct. 1, 1998, as amended at 66 FR 3891

12、8, July 26, 2001; 70 FR 69080, Nov. 14, 2005 1345.4 General requirements. (a) Qualification requirements. To qualify for a grant under 23 U.S.C. 405, a State must, for each year it seeks to qualify: (1) Submit an application to the ap-propriate NHTSA Regional Adminis-trator demonstrating that it mee

13、ts the requirements of 1345.5 and include cer-tifications that: (i) It has an occupant protection pro-gram that meets the requirements of 23 U.S.C. 405; (ii) It will use the funds awarded under 23 U.S.C. 405 only for the imple-mentation and enforcement of occu-pant protection programs; (iii) It will

14、 administer the funds in accordance with 49 CFR part 18 and OMB Circulars A102 and A87 and (iv) It will maintain its aggregate ex-penditures from all other sources, ex-cept those authorized under Chapter 1 of Title 23 of the United States Code, for its occupant protection programs at or above the av

15、erage level of such ex-penditures in fiscal years 2003 and 2004 (either State or federal fiscal year 2003 and 2004 can be used); (2) After being informed by NHTSA that it is eligible for a grant, submit to the agency, within 30 days, a Program Cost Summary (HS Form 217) obli-gating the section 405 f

16、unds to occu-pant protection programs. (3) The States Highway Safety Plan, which is required to be submitted by September 1 of each year, pursuant to 23 U.S.C. 402 and 23 CFR 1200, should document how it intends to use the Section 405 grant funds. (4) To qualify for grant funds in any fiscal year, t

17、he application must be re-ceived by the agency not later than February 15 of the fiscal year in which the State is applying for funds. (b) Limitations on grants. A state may receive a grant in a fiscal year subject to the following limitations: (1) Beginning in fiscal year 2006, the amount of a gran

18、t under 1345.5 shall equal up to 100 percent of the States 23 U.S.C. 402 apportionment for fiscal year 2003, subject to availability of funds. (2) In the first and second fiscal years beginning after September 30, 2003 that a State receives a grant, it shall be re-imbursed for up to 75 percent of th

19、e cost of its occupant protection pro-gram adopted pursuant to 23 U.S.C. 405. (3) In the third and fourth fiscal years beginning after September 30, 2003 that a State receives a grant, it shall be reimbursed for up to 50 percent of the cost of its occupant protection program adopted pursuant to 23 U

20、.S.C. 405. (4) In the fifth and sixth fiscal years beginning after September 30, 2003 that a State receives a grant, it shall be re-imbursed for up to 25 percent of the cost of its occupant protection pro-gram adopted pursuant to 23 U.S.C. 405. 63 FR 52597, Oct. 1, 1998, as amended at 66 FR 38918, J

21、uly 26, 2001; 70 FR 69080, Nov. 14, 2005 1345.5 Requirements for a grant. To qualify for an incentive grant, a State must adopt and implement effec-tive programs to reduce highway deaths and injuries resulting from indi-viduals riding unrestrained or improp-erly restrained in motor vehicles. A State

22、 must adopt and implement at least four of the following criteria: (a) Safety belt use law. (1) In fiscal years 1999 and 2000, a State must make unlawful throughout the State the op-eration of a passenger motor vehicle whenever an individual (other than a child who is secured in a child restraint sy

23、stem) in the front seat of the vehicle does not have a safety belt properly se-cured about the individuals body. (2) Beginning in fiscal year 2001, a State must make unlawful throughout the State the operation of a passenger motor vehicle whenever an individual (other than a child who is secured in

24、a child restraint system) in any seating position in the vehicle does not have a safety belt properly secured about the individuals body. (3) To demonstrate compliance with this criterion, a State shall submit a copy of the States safety belt use law, regulation or binding policy directive VerDate M

25、ar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00590 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-581 National Highway Traffic Safety Admin., DOT 1345.5 interpreting or

26、 implementing the law or regulation that provides for each element of paragraphs (a)(1) or (a)(2), as appropriate, of this section. The State is also required to identify any exemptions to its safety belt use law. (b) Primary safety belt use law. (1) A State must provide for primary en-forcement of

27、its safety belt use law. (2) To demonstrate compliance with this criterion, the State shall submit a copy of its law, regulation or binding policy directive interpreting or imple-menting the law or regulation that provides for each element of paragraph (b)(1) of this section. (c) Minimum fine or pen

28、alty points. (1) A State must provide for the imposi-tion of a minimum fine of not less than $25.00 or one or more penalty points on the drivers license of an individual: (i) For a violation of the States safe-ty belt use law; and (ii) for a violation of the States child passenger protection law. (2

29、)(i) To demonstrate compliance with this criterion, a Law State shall submit a copy of the law, regulation or binding policy directive interpreting or implementing the law or regulation that provides for each element of para-graph (c)(1) of this section. (ii) For purposes of this paragraph, a Law St

30、ate means a State that has a law, regulation or binding policy direc-tive interpreting or implementing the law or regulation that provides for each element of the minimum fines or penalty points criterion including the imposition of a minimum fine of not less than $25.00 or one or more penalty point

31、s for a violation of the States safety belt use and child passenger pro-tection laws. (3)(i) To demonstrate compliance with this criterion, a Data State shall submit data covering a period of at least three months during the past twelve months showing the total num-ber of persons who were convicted

32、of a safety belt use or child passenger pro-tection law violation and that 80 per-cent or more of all such persons were required to pay at least $25 in fines, fees or court costs or had one or more penalty points assessed against their drivers license. The State can provide the necessary data based

33、on a rep-resentative sample. (ii) For purposes of this paragraph, a Data State means a State that does not require the mandatory imposition of a minimum fine of not less than $25.00 or one or more penalty points for a violation of the States safety belt use and child passenger protection laws. (4) I

34、f a State has in effect a law that provides for the imposition of a fine of not less than $25.00 or one or more pen-alty points for a violation of the States child passenger protection law, but provides that imposition of the fine or penalty points may be waived if the offender presents proof of the

35、 purchase of a child safety seat, the State shall be deemed to have in effect a law that provides for the imposition of a min-imum fine or penalty points, as pro-vided in paragraph (c)(1) of this sec-tion. (d) Special traffic enforcement program. (1) A State must establish a statewide Special Traffi

36、c Enforcement Program for occupant protection that empha-sizes publicity for the program. The program must provide for periodic en-forcement efforts. Each enforcement effort must include the following five elements, in chronological order: (i) A seat belt observed use survey conducted before any enf

37、orcement wave; (ii) A media campaign to inform the public about the risks and costs of traf-fic crashes, the benefits of increased occupant protection use, and the need for traffic enforcement as a way to manage those risks and costs. (iii) Local media events announcing a pending enforcement wave; (

38、iv) A wave of enforcement effort consisting of checkpoints, saturation patrols or other enforcement tactics. (v) A post-wave observed use survey coupled with a post-wave media event announcing the results of the survey and the enforcement effort. (2) The States program must provide for at least two

39、enforcement efforts each year and must require the partici-pation of State and local law enforce-ment officials in each effort. (3) The States program must cover at least 70% of the States population. (4) To demonstrate compliance with this criterion in the first fiscal year the State receives a gra

40、nt based on this VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00591 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-582 23 CFR Ch. III (4111 Edition) 1345.5 cri

41、terion, the State shall submit a plan to conduct a program that covers each element identified in paragraphs (d)(1) through (d)(3) of this section. Specifi-cally, the plan shall: (i) Provide the approximate dates, durations and locations of the efforts planned in the upcoming year; (ii) Specify the

42、types of enforcement methods that will be used during each enforcement effort and provide a list-ing of the law enforcement agencies that will participate in the enforce-ment efforts along with an estimate of the approximate cumulative percent-age of the States population served by those agencies or

43、 the approximate per-centage of the traffic volume on road-ways covered by the enforcement pro-gram; and (iii) Document the activities the State plans to conduct to provide the public with information on the impor-tance of occupant restraints and to publicize each enforcement effort and its results.

44、 This information should in-clude a sample or synopsis of the con-tent of the public information mes-sages that will accompany the enforce-ment efforts and the strategy that the State intends to use to deliver each message to its target audience. (5) To demonstrate compliance with this criterion in

45、subsequent fiscal years the State receives a grant based on this criterion, the State shall sub-mit an updated plan for conducting a special traffic enforcement program in the following year and information documenting that the prior years plan was effectively implemented. The in-formation shall doc

46、ument that enforce-ment efforts were conducted; which law enforcement agencies were involved; and the dates, duration and location of each enforcement effort. The State must also submit samples of materials used, and document activities that took place to reach the target popu-lation. (e) Child pass

47、enger protection education program. (1) A State must provide an ef-fective system for educating the public about the proper use of child safety seats. The program must, at a min-imum: (i) Provide information to the public about proper seating positions for chil-dren in air bag equipped motor vehi-cl

48、es, the importance of restraint use, and instruction on how to reduce the improper use of child restraint sys-tems; (ii) Provide for child passenger safety (CPS) training and retraining to estab-lish or update child passenger safety technicians, law enforcement officials, fire and emergency personne

49、l and other educators to function at the commu-nity level for the purpose of educating the public about proper restraint use and to teach child care givers how to install a child safety seat correctly. The training should encompass the goals and objectives of NHTSAs Stand-ardized Child Passenger Safety Techni-cian Curriculum; (iii) Provide periodic child safety seat clinics conducted by State and local agencies (health, medical, hos-p