DOT 23 CFR PART 192-2011 DRUG OFFENDER扴 DRIVER扴 LICENSE SUSPENSION.pdf

1、23 Federal Highway Administration, DOT 192.3 under such agreement consistent with 23 CFR 750.101. 190.5 Bonus project claims. (a) The State may claim payment by submitting a form PR20 voucher, sup-ported by strip maps which identify ad-vertising control limits and areas ex-cluded from the claim and

2、form FHWA 1175, for the one-half percent bonus claim. (b) The bonus payment computation is based on projects or portions thereof for which (1) the section of highway on which the project is located has been opened to traffic, and (2) final payment has been made. A bonus project may cover an individu

3、al project, a part thereof, or a combination of projects, on a section of an Interstate route. (c) The eligible system mileage to be shown for a bonus project is that on which advertising controls are in ef-fect. The eligible system mileage re-ported in subsequent projects on the same Interstate rou

4、te section should cover only the additional system mile-age not previously reported. Eligible project cost is the total participating cost (State and Federal share of ap-proved preliminary engineering (PE), right-of-way (R-O-W), and construc-tion) exclusive of any ineligible costs. The amount of the

5、 bonus payment is to be based on the eligible total costs of the supporting projects included in each claim. (d) Progress vouchers for route sec-tions on which additional one-half per-cent bonus payments are to be claimed are to be so identified, and the final claim for each route section is to be i

6、dentified as the final voucher. 190.7 Processing of claims. Audited and approved PR20 vouchers with form FHWA1175 shall be for-warded to the regional office for sub-mission to the Finance Division, Wash-ington Headquarters, for payment. The associated strip maps shall be retained with the division o

7、ffice copies of the PR20 vouchers. PART 192DRUG OFFENDERS DRIVERS LICENSE SUSPENSION Sec. 192.1 Scope. 192.2 Purpose. 192.3 Definitions. 192.4 Adoption of drug offenders drivers li-cense suspension. 192.5 Certification requirements. 192.6 Period of availability of withheld funds. 192.7 Apportionment

8、 of withheld funds after compliance. 192.8 Period of availability of subsequently apportioned funds. 192.9 Effect of noncompliance. 192.10 Procedures affecting States in non-compliance. AUTHORITY: 23 U.S.C. 159 and 315. SOURCE: 57 FR 35999, Aug. 12, 1992, unless otherwise noted. Redesignated at 60 F

9、R 50100, Sept. 28, 1995. 192.1 Scope. This part prescribes the requirements necessary to implement 23 U.S.C. 159, which encourages States to enact and enforce drug offenders drivers license suspensions. 192.2 Purpose. The purpose of this part is to specify the steps that States must take in order to

10、 avoid the withholding of Fed-eral-aid highway funds for noncompli-ance with 23 U.S.C. 159. 192.3 Definitions. As used in this part: (a) Convicted includes adjudicated under juvenile proceedings. (b) Drivers license means a license issued by a State to any individual that authorizes the individual t

11、o oper-ate a motor vehicle on highways. (c) Drug offense means: (1) The possession, distribution, man-ufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the pos-session of which is prohibited under the C

12、ontrolled Substances Act, or (2) The operation of a motor vehicle under the influence of such a sub-stance. (d) Substance the possession of which is prohibited under the Controlled Sub-stances Act or substance means a con-trolled or counterfeit chemical, as those terms are defined in subsections 102

13、 (6) and (7) of the Comprehensive Drug Abuse Prevention and Control VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00033 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from I

14、HS-,-,-24 23 CFR Ch. I (4111 Edition) 192.4 Act of 1970 (21 U.S.C. 802 (6) and (7) and listed in 21 CFR 1308.11.15. 57 FR 35999, Aug. 12, 1992; 58 FR 62415, Nov. 26, 1993; 59 FR 39256, Aug. 2, 1994 192.4 Adoption of drug offenders drivers license suspension. (a) The Secretary shall withhold five per

15、cent of the amount required to be apportioned to any State under each of sections 104(b)(1), 104(b)(3), and 104(b)(5) of title 23 of the United States Code on the first day of fiscal years 1994 and 1995 if the States does not meet the re-quirements of this section on that date. (b) The Secretary sha

16、ll withhold ten percent of the amount required to be apportioned to any State under each of sections 104(b)(1), 104(b)(3), and 104(b)(5) of title 23 of the United States Code on the first day of fiscal year 1996 and any subsequent fiscal year if the State does not meet the requirements of this sec-t

17、ion on that date. (c) A State meets the requirements of this section if: (1) The State has enacted and is en-forcing a law that requires in all cir-cumstances, or requires in the absence of compelling circumstances war-ranting an exception: (i) The revocation, or suspension for at least 6 months, of

18、 the drivers li-cense of any individual who is con-victed, after the enactment of such law, of (A) Any violation of the Controlled Substances Act, or (B) Any drug offense, and (ii) A delay in the issuance or rein-statement of a drivers license to such an individual for at least 6 months after the in

19、dividual otherwise would have been eligible to have a drivers li-cense issued or reinstated if the indi-vidual does not have a drivers license, or the drivers license of the individual is suspended, at the time the individual is so convicted, or (2) The Governor of the State: (i) Submits to the Secr

20、etary no ear-lier than the adjournment sine die of the first regularly scheduled session of the States legislature which begins after November 5, 1990, a written cer-tification stating that he or she is op-posed to the enactment or enforcement in the State of a law described in para-graph (c)(1) of

21、this section relating to the revocation, suspension, issuance, or reinstatement of drivers licenses to convicted drug offenders; and (ii) Submits to the Secretary a writ-ten certification that the legislature (including both Houses where applica-ble) has adopted a resolution express-ing its oppositi

22、on to a law described in paragraph (c)(1) of this section. (d) A State that makes exceptions for compelling circumstances must do so in accordance with a State law, regula-tion, binding policy directive or State-wide published guidelines establishing the conditions for making such excep-tions and in

23、 exceptional circumstances specific to the offender. 192.5 Certification requirements. (a) Each State shall certify to the Secretary of Transportation by April 1, 1993 and by January 1 of each subse-quent year that it meets the require-ments of 23 U.S.C. 159 and this regula-tion. (b) If the State be

24、lieves it meets the requirements of 23 U.S.C. 159 and this regulation on the basis that it has en-acted and is enforcing a law that sus-pends or revokes the drivers license of drug offenders, the certification shall contain: (1) A statement by the Governor of the State that the State has enacted and

25、 is enforcing a Drug Offenders Drivers License Suspension law that conforms to 23 U.S.C. 159(a)(3)(A). The certifying statement may be worded as follows: I, (Name of Governor), Gov-ernor of the (State or Commonwealth) of llllll, do hereby certify that the (State or Commonwealth) of llllll, has enact

26、ed is enforcing a Drug Offenders Drivers License Sus-pension law that conforms to section 23 U.S. C. 159(a)(3)(A). (2) Until a State has been determined to be in compliance with the require-ments of 23 U.S.C. 159 and this regula-tion, the certification shall include also: (i) A copy of the State law

27、, regula-tion, or binding policy directive imple-menting or interpreting such law or regulation relating to the suspension, revocation, issuance or reinstatement or drivers licenses of drug offenders, and VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00034 Fmt 8010 Sfmt 8010 Y:SGML22307

28、6.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-25 Federal Highway Administration, DOT 192.7 (ii) A statement describing the steps the State is taking to enforce its law with regard to within State convic

29、-tions, out-of-State convictions, Federal convictions and juvenile adjudications. The statement shall demonstrate that, upon receiving notification that a State driver has been convicted of a within State, out-of-State or Federal conviction or juvenile adjudication, the State is revoking, suspending

30、 or delaying the issuance of that drug of-fenders drivers license; and that, when the State convicts an individual of a drug offense, it is notifying the ap-propriate State office or, if the of-fender is a non-resident driver, the ap-propriate office in the drivers home State. If the State is not ye

31、t making these notifications, the State may sat-isfy this element by submitting a plan describing the steps it is taking to es-tablish notification procedures. (c) If the State believes it meets the requirements of 23 U.S.C. 159(a)(3)(B) on the basis that it opposes a law that requires the suspensio

32、n, revocation or delay in issuance or reinstatement of the drivers license of drug offenders that conforms to 23 U.S.C. 159(a)(3)(A), the certification shall contain: (1) A statement by the Governor of the State that he or she is opposed to the enactment or enforcement of a law that conforms to 23 U

33、.S.C. 159(a)(3)(A) and that the State legislature has adopted a resolution expressing its op-position to such a law. The certifying statement may be worded as follows: I, (Name of Governor), Governor of the (State or Commonwealth of llllll, do hereby certify that I am opposed to the enactment or en-

34、forcement of a law that conforms to 23 U.S.C. 159(a)(3)(A) and that the legisla-ture of the (State or Commonwealth) of llllll, has adopted a resolution expressing its opposition to such a law. (2) Until a State has been determined to be in compliance with the require-ments of 23 U.S.C. 159(a)(3)(B)

35、and this regulation, the certification shall in-clude a copy of the resolution. (d) The Governor each year shall sub-mit the original and three copies of the certification to the local FHWA Divi-sion Administrator. The FHWA Divi-sion Administrator shall retain the original and forward one copy each

36、to the FHWA Regional Administrator, FHWA Chief Counsel, and the Director of the Office of Highway Safety. (e) Any changes to the original cer-tification or supplemental information necessitated by the review of the cer-tifications as they are forwarded, State legislative changes or changes in State

37、enforcement activity (including failure to make progress in a plan previously submitted) shall be submitted in the same manner as the original. 57 FR 35999, Aug. 12, 1992. Redesignated and amended at 60 FR 50100, Sept. 28, 1995 192.6 Period of availability of with-held funds. (a) Funds withheld unde

38、r 1212.4 from apportionment to any State on or be-fore September 30, 1995, will remain available for apportionment as follows: (1) If the funds would have been ap-portioned under 23 U.S.C. 104(b)(5)(A) but for this section, the funds will re-main available until the end of the fis-cal year for which

39、 the funds are au-thorized to be appropriated. (2) If the funds would have been ap-portioned under 23 U.S.C. 104(b)(5)(B) but for this section, the funds will re-main available until the end of the sec-ond fiscal year following the fiscal year for which the funds are authorized to be appropriated. (

40、3) If the funds would have been ap-portioned under 23 U.S.C. 104(b)(1) or 104(b)(3) but for this section, the funds will remain available until the end of the third fiscal year following the fis-cal year for which the funds are au-thorized to be appropriated. (b) Funds withheld under 1212.4 from app

41、ortionment to any State after Sep-tember 30, 1995 will not be available for apportionment to the State. 192.7 Apportionment of withheld funds after compliance. Funds withheld under 1212.4 from apportionment, which remain available for apportionment under 1212.6(a), will be made available to any Stat

42、e that conforms to the requirements of 1212.4 before the last day of the period of availability as defined in 1212.6(a). 57 FR 35999, Aug. 12, 1992, as amended at 59 FR 39256, Aug. 2, 1994 VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00035 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoo

43、ds2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-26 23 CFR Ch. I (4111 Edition) 192.8 192.8 Period of availability of subse-quently apportioned funds. (a) Funds apportioned pursuant to 1212.7 will remain available for ex-

44、penditure as follows: (1) Funds originally apportioned under 23 U.S.C. 104(b)(5)(A) will remain available until the end of the fiscal year succeeding the fiscal year in which the funds are apportioned. (2) Funds originally apportioned under 23 U.S.C. 104(b)(1), 104(b)(2), 104(b)(5)(B), or 104(b)(6)

45、will remain available until the end of the third fis-cal year succeeding the fiscal year in which the funds are apportioned. (b) Sums apportioned to a State pur-suant to 1212.7 and not obligated at the end of the periods defined in 1212.8(a), shall lapse or, in the case of funds apportioned under 23

46、 U.S.C. 104(b)(5), shall lapse and be made avail-able by the Secretary for projects in accordance with 23 U.S.C. 118(b). 192.9 Effect of noncompliance. If a State has not met the require-ments of 23 U.S.C. 159(a)(3) at the end of the period for which funds withheld under 1212.4 are available for app

47、or-tionment to a State under 1212.6, then such funds shall lapse or, in the case of funds withheld from apportionment under 23 U.S.C. 104(b)(5), shall lapse and be made available by the Secretary for projects in accordance with 23 U.S.C. 118(b). 192.10 Procedures affecting States in noncompliance. (

48、a) Each fiscal year, each State deter-mined to be in noncompliance with 23 U.S.C. 159, based on FHWAs prelimi-nary review of its statutes, will be ad-vised of the funds expected to be with-held under 1212.4 from apportionment, as part of the advance notice of appor-tionments required under 23 U.S.C.

49、 104(e), normally not later than ninety days prior to final apportionment. (b) If FHWA determines that the State is not in compliance with 23 U.S.C. 159 based on the agencies pre-liminary review, the State may, within 30 days of its receipt of the advance no-tice of apportionments, submit docu-mentation showing why it is in compli-ance. Documentation shall be sub-mitted to the Federal Highway Admin-istration, 1200