1、513 NHTSA and FHWA, DOT 1210.4 1208.6 Procedures 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
2、-vised of the funds expected to be with-held 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 th
3、e National Minimum Drinking Age based on their 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, 1
4、200 New Jersey Avenue, SE., Washington, DC 20590. (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 f
5、rom 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. 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 VEH
6、ICLES BY INTOXI-CATED MINORS Sec. 1210.1 Scope. 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 sub
7、sequently apportioned funds. 1210.9 Effect of 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 requireme
8、nts necessary to implement 23 U.S.C. 161, which 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 Defini
9、tions. As used in this part: (a) Alcohol concentration 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
10、 of a motor vehicle. 1210.4 Adoption of zero 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
11、 does not meet the requirements of this part 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 subseq
12、uent fiscal year if the State does not meet the 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
13、 vehicle in the State to be driving while intoxicated 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
14、networking permitted without license from IHS-,-,-514 23 CFR Ch. II (4111 Edition) 1210.5 (1) Apply to all individuals under the age of 21; (2) Set a BAC of not higher than 0.02 percent as the legal limit; (3) Make operating a motor vehicle by an individual under age 21 above the legal limit a per s
15、e offense; (4) Provide for primary enforcement; and (5) Provide that license suspensions or revocations are authorized for any violation of the State zero tolerance law. 1210.5 Certification requirements. (a) Until a State has been determined to be in compliance with the require-ments of 23 U.S.C. 1
16、61, to avoid the withholding of funds in any fiscal year, beginning with FY 1999, the State shall certify to the Secretary of Transpor-tation, before the last day of the pre-vious fiscal year, that it meets the re-quirements of 23 U.S.C. 161, and this part. (b) The certification shall contain: (1) A
17、 copy of the State zero tolerance law, regulation, or binding policy di-rective implementing or interpreting such law or regulation, that conforms to 23 U.S.C. 161 and 1210.4(c); and (2) A statement by an appropriate State official, that the State has en-acted and is enforcing a conforming zero tole
18、rance law. The certifying statement shall be worded as follows: I, (Name of certifying official), (position title), of the (State or Commonwealth) of llll, do hereby certify that the (State or Commonwealth) of llll, has enacted and is enforcing a zero tolerance law that con-forms to the requirements
19、 of 23 U.S.C. 161 and 23 CFR 1210.4(c). (c) An original and four copies of the certification shall be submitted to the appropriate NHTSA Regional Adminis-trator. Each Regional Administrator will forward the certifications he or she receives to appropriate NHTSA and FHWA offices. (d) Once a State has
20、 been determined to be in compliance with the require-ments of 23 U.S.C. 161, it is not required to submit additional certifications, ex-cept that the State shall promptly sub-mit an amendment or supplement to its certification provided under para-graphs (a) and (b) of this section if the States zer
21、o tolerance legislation changes. 1210.6 Period of availability of with-held funds. (a) Funds withheld under 1210.4 from apportionment to any State on or be-fore September 30, 2000, will remain available for apportionment until the end of the third fiscal year following the fiscal year for which the
22、funds are authorized to be appropriated. (b) Funds withheld under 1210.4 from apportionment to any State after Sep-tember 30, 2000 will not be available for apportionment to the State. 1210.7 Apportionment of withheld funds after compliance. Funds withheld from a State from apportionment under 1210.
23、4, which re-main available for apportionment under 1210.6(a), will be made available to the State if it conforms to the re-quirements of 1210.4 and 1210.5 before the last day of the period of avail-ability as defined in 1210.6(a). 1210.8 Period of availability of subse-quently apportioned funds. Fun
24、ds apportioned pursuant to 1210.7 will remain available for ex-penditure until the end of the third fis-cal year following the fiscal year in which the funds are apportioned. 1210.9 Effect of noncompliance. If a State has not met the require-ments of 23 U.S.C. 161 and this part at the end of the per
25、iod for which funds withheld under 1210.4 are available for apportionment to a State under 1210.6, then such funds shall lapse. 1210.10 Procedures affecting states in noncompliance. (a) Each fiscal year, each State deter-mined to be in noncompliance with 23 U.S.C. 161 and this part, based on NHTSAs
26、and FHWAs preliminary re-view of its law, will be advised of the funds expected to be withheld under 1210.4 from apportionment, as part of the advance notice of apportionments required under 23 U.S.C. 104(e), nor-mally not later than ninety days prior to final apportionment. (b) If NHTSA and FHWA de
27、termine that the State is not in compliance VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00524 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-515 NHTSA and FHW
28、A, DOT 1215.4 with 23 U.S.C. 161 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 documentation showing why it is in compliance. Docu-mentation shall be submitted to the National Highway Traffic Sa
29、fety Ad-ministration, 1200 New Jersey Avenue, SE., Washington, D.C. 20590. (c) Each fiscal year, each State deter-mined not to be in compliance with 23 U.S.C. 161 and this part, based on NHTSAs and FHWAs final determina-tion, will receive notice of the funds being withheld under 1210.4 from ap-porti
30、onment, 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. 61 FR 55217, Oct. 25, 1996, as amended at 74 FR 28442, June 16, 2009 PART 1215USE OF SAFETY BELTS COMPLIANCE AND TRANSFER- OF-FUNDS PROCEDURES Sec. 1215.1
31、Scope. 1215.2 Purpose. 1215.3 Definitions. 1215.4 Compliance criteria. 1215.5 Exemptions. 1215.6 Review and notification of compli-ance status. 1215.7 Transfer of funds. 1215.8 Use of transferred funds. AUTHORITY: 23 U.S.C. 153; Secs. 205(e) and 355, Pub. L. 10459; delegations of authority at 49 CFR
32、 1.48 and 1.50. SOURCE: 58 FR 44759, Aug. 25, 1993, unless otherwise noted. 1215.1 Scope. This part establishes criteria, in ac-cordance with 23 U.S.C. 153, as amend-ed, and Section 355 of the National Highway System Designation Act of 1995, for determining compliance with the requirement that State
33、s not having safety belt use laws be subject to a transfer of Federal-aid highway appor-tionments under 23 U.S.C. 104 (b)(1), (b)(2), and (b)(3) to the highway safety program apportionment under 23 U.S.C. 402. 61 FR 28749, June 6, 1996 1215.2 Purpose. This part clarifies the provisions which a State
34、 must incorporate into its safety belt law to prevent the trans-fer of a portion of its Federal-aid high-way funds to the section 402 highway safety program apportionment, de-scribes notification and transfer proce-dures, establishes parameters for the use of transferred funds, and provides alternat
35、e compliance criteria for New Hampshire and Maine. 61 FR 28749, June 6, 1996 1215.3 Definitions. As used in this part: FHWA means the Federal Highway Administration. Motor vehicle means any vehicle driv-en or drawn by mechanical power man-ufactured primarily for use on public highways, except any ve
36、hicle operated exclusively on a rail or rails. NHTSA means the National Highway Traffic Safety Administration. Passenger vehicle means a motor vehi-cle which is designed for transporting 10 individuals or less, including the driver, except that such term does not include a vehicle which is construct
37、ed on a truck chassis, a motorcycle, a trailer, or any motor vehicle which is not required on the date of the enact-ment of this section under a Federal motor vehicle safety standard to be equipped with a belt system. Safety belt means, with respect to open-body passenger vehicles, includ-ing conver
38、tibles, an occupant restraint system consisting of a lap belt or a lap belt and a detachable shoulder belt; and with respect to other passenger ve-hicles, an occupant restraint system consisting of integrated lap shoulder belts. Secretary means the Secretary of Transportation. 58 FR 44759, Aug. 25,
39、1993, as amended at 61 FR 28749, June 6, 1996 1215.4 Compliance criteria. (a) Except as provided in paragraphs (c) or (d) of this section, in order to avoid the transfer or reservation (as applicable) specified in 1215.7, a State must have and continue in effect at all times during the fiscal year a law which makes unlawful throughout the VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00525 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
