1、512 23 CFR Ch. II (4111 Edition) Pt. 1208 highway safety program. Documenta-tion shall be submitted to the Adminis-trator for NHTSA, 1200 New Jersey Av-enue, SE., Washington, D.C. 20590. (c) If the Administrators decide, after reviewing all relevant information, that a State is not implementing a hi
2、ghway safety program in accordance with 23 U.S.C. 402, they shall issue a final notice, advising the State either of the funds being withheld from appor-tionment under 23 U.S.C. 402, or of the apportioned funds being reduced under 23 U.S.C. 402 and the amount of the withholding or reduction. The fin
3、al no-tice of a withholding will normally be issued on October 1. The final notice of a reduction will be issued at the time of a final decision. 61 FR 28747, June 6, 1996, as amended at 74 28442, June 16, 2009 PART 1208NATIONAL MINIMUM DRINKING AGE Sec. 1208.1 Scope. 1208.2 Purpose. 1208.3 Definiti
4、ons. 1208.4 Adoption of National Minimum Drinking Age. 1208.5 Unavailability of withheld funds. 1208.6 Procedures affecting States in non-compliance. AUTHORITY: 23 U.S.C. 158; delegation of au-thority at 49 CFR 1.48 and 1.50. SOURCE: 51 FR 10380, Mar. 26, 1986, unless otherwise noted. 1208.1 Scope.
5、This part prescribes the requirements necessary to implement 23 U.S.C. 158, which establishes the National Min-imum Drinking Age. 1208.2 Purpose. The purpose of this part is to clarify the provisions which a State must have incorporated into its laws in order to prevent the withholding of Federal-ai
6、d highway funds for noncompliance with the National Minimum Drinking Age. 1208.3 Definitions. As used in this part: Alcoholic beverage means beer, dis-tilled spirits and wine containing one- half of one percent or more of alcohol by volume. Beer includes, but is not limited to, ale, lager, porter, s
7、tout, sake, and other similar fermented bev-erages brewed or produced from malt, wholly or in part or from any sub-stitute therefor. Distilled spirits in-clude alcohol, ethanol or spirits or wine in any form, including all dilu-tions and mixtures thereof from what-ever process produced. Public posse
8、ssion means the posses-sion of any alcoholic beverage for any reason, including consumption on any street or highway or in any public place or in any place open to the public (including a club which is de facto open to the public). The term does not apply to the possession of alcohol for an es-tabli
9、shed religious purpose; when ac-companied by a parent, spouse or legal guardian age 21 or older; for medical purposes when prescribed or adminis-tered by a licensed physician, phar-macist, dentist, nurse, hospital or med-ical institution; in private clubs or es-tablishments; or to the sale, handling
10、 transport, or service in dispensing of any alcoholic beverage pursuant to lawful employment of a person under the age of twenty-one years by a duly licensed manufacturer, wholesaler, or retailer of alcoholic beverages. Purchase means to acquire by the payment of money or other consider-ation. 1208
11、4 Adoption of National Min-imum Drinking Age. The Secretary shall withhold ten per-cent of the amount required to be ap-portioned to any State under each of 104(b)(1), 104(b)(2), 104(b)(5) and 104(b)(6) of title 23 U.S.C. on the first day of each fiscal year in which the purchase or public possessi
12、on in such State of any alcoholic beverage by a person who is less than twenty-one years of age is lawful. 60 FR 66076, Dec. 21, 1995 1208.5 Unavailability of withheld funds. Funds withheld under 1208.4 from apportionment to any State will not be available for apportionment to the State. 60 FR 66076
13、 Dec. 21, 1995 VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00522 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-513 NHTSA and FHWA, DOT 1210.4 1208.6 Procedu
14、res affecting States in noncompliance. (a) Every fiscal year, each State de-termined to be in noncompliance with the National Minimum Drinking Age, based on NHTSAs and FHWAs pre-liminary review of its statutes for com-pliance or non-compliance, will be ad-vised of the funds expected to be with-held
15、under 1208.4 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 in noncompliance with the National Minimum Drinking Age based on thei
16、r preliminary review, the State may, within 30 days of its re-ceipt of the advance notice of appor-tionments, submit documentation showing why it is in compliance. Docu-mentation shall be submitted to the National Highway Traffic Safety Ad-ministration, 1200 New Jersey Avenue, SE., Washington, DC 20
17、590. (c) Every fiscal year, each State de-termined to be in noncompliance with the National Minimum Drinking Age, based on NHTSAs and FHWAs final determination of compliance or non-compliance, will receive notice of the funds being withheld under 1208.4 from apportionment, as part of the certifi-cat
18、ion of apportionments required under 23 U.S.C. 104(e), which normally occurs on October 1 of each fiscal year. 53 FR 31322, Aug. 18, 1988. Redesignated at 60 FR 66076, Dec. 21, 1995, as amended at 74 FR 28442, June 16, 2009 PART 1210OPERATION OF MOTOR VEHICLES BY INTOXI-CATED MINORS Sec. 1210.1 Scop
19、e. 1210.2 Purpose. 1210.3 Definitions. 1210.4 Adoption of zero tolerance law. 1210.5 Certification requirements. 1210.6 Period of availability of withheld funds. 1210.7 Apportionment of withheld funds after compliance. 1210.8 Period of availability of subsequently apportioned funds. 1210.9 Effect of
20、 noncompliance. 1210.10 Procedures affecting states in non-compliance. AUTHORITY: 23 U.S.C. 161; delegation of au-thority at 49 CFR 1.48 and 1.50. SOURCE: 61 FR 55217, Oct. 25, 1996, unless otherwise noted. 1210.1 Scope. This part prescribes the requirements necessary to implement 23 U.S.C. 161, whi
21、ch encourages States to enact and enforce zero tolerance laws. 1210.2 Purpose. The purpose of this part is to specify the steps that States must take to avoid the withholding of Federal-aid highway funds for noncompliance with 23 U.S.C. 161. 1210.3 Definitions. As used in this part: (a) Alcohol conc
22、entration means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. (b) BAC means either blood or breath alcohol concentration. (c) Operating a motor vehicle means driving or being in actual physical con-trol of a motor vehicle. 1210.4 Adoption of zero
23、tolerance law. (a) The Secretary shall withhold five 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, United States Code, on the first day of fiscal year 1999 if the State does not meet the requirements of this part
24、on that date. (b) The Secretary shall 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, United States Code, on the first day of fiscal year 2000 and any subsequent fiscal year if the State does not meet t
25、he requirements of this part on that date. (c) A State meets the requirements of this section if the State has enacted and is enforcing a law that considers an individual under the age of 21 who has a BAC of 0.02 percent or greater while operating a motor vehicle in the State to be driving while int
26、oxicated or driving under the influence of alcohol. The law must: VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00523 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
