1、515 NHTSA and FHWA, 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 H
2、ighway Traffic Safety 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 121
3、0.4 from ap-portionment, 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 PROCED
4、URES Sec. 1215.1 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 au
5、thority at 49 CFR 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 requi
6、rement that States 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 provisi
7、ons which a State 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
8、provides alternate 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 highwa
9、ys, except any vehicle 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 w
10、hich is constructed 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,
11、includ-ing convertibles, 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
12、 44759, Aug. 25, 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
13、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-,-,-516
14、 23 CFR Ch. II (4111 Edition) 1215.5 State the operation of a passenger ve-hicle whenever an individual in a front seat of the vehicle (other than a child who is secured in a child restraint sys-tem) does not have a safety belt prop-erly fastened about the individuals body. (b) A State that enacts t
15、he law speci-fied in paragraph (a) of this section will be determined to comply with 23 U.S.C. 153, provided that any exemptions are consistent with 1215.5. (c) If New Hampshire or Maine enacts a law described in paragraph (a) of this section by January 27, 1996, the State shall be deemed as having
16、that law in effect on September 30, 1995. (d)(1) If the Secretary certifies in a fiscal year that New Hampshire or Maine has achieved the safety belt use rate specified in paragraph (d)(2) of this section, the State shall be considered as complying with the provisions of paragraph (a) of this sectio
17、n. (2) The safety belt use rate must be not less than 50 percent in each of fis-cal years 1995 and 1996, and not less than the national average as deter-mined by the Secretary in each fiscal year thereafter. 61 FR 28749, June 6, 1996 1215.5 Exemptions. (a) Safety belt use laws exempting persons with
18、 medical excuses, persons in emergency vehicles, persons in the custody of police, persons in public and livery conveyances, persons in parade vehicles, persons in positions not equipped with safety belts, and postal, utility and other commercial drivers who make frequent stops in the course of thei
19、r business shall be deemed to comply with 23 U.S.C. 153. (b) Safety belt use laws exempting vehicles equipped with air bags shall be deemed not to comply with 23 U.S.C. 153. (c) An exemption not identified in paragraph (a) of this section shall be deemed to comply with 23 U.S.C. 153 only if NHTSA an
20、d FHWA determine that it is consistent with the intent of 1215.4(a), and applies to situations in which the risk to occupants is very low or in which there are exigent justifica-tions. 61 FR 28749, June 6, 1996 1215.6 Review and notification of compliance status. Review of each States laws and noti-
21、fication of compliance status shall occur each fiscal year, in accordance with the following procedures: (a) NHTSA and FHWA will review ap-propriate State laws for compliance with 23 U.S.C. 153. States initially found to be in non-compliance will be notified of such finding and of funds ex-pected to
22、 be transferred or reserved (as applicable) under 1215.7, through the advance notice of apportionments re-quired under 23 U.S.C. 104(e), normally not later than ninety days prior to final apportionment. (b) A State notified of non-compli-ance under paragraph (a) of this sec-tion may, within 30 days
23、after its re-ceipt of the advance notice of appor-tionments, submit documentation showing why it is in compliance to the Associate Administrator for State and Community Services, NHTSA, 1200 New Jersey Avenue, SE., Washington, D.C., 20950. (c) Each fiscal year, States deter-mined to be in non-compli
24、ance with 23 U.S.C. 153 will receive notice of the funds being transferred or reserved (as applicable) under 1215.7, through the certification of apportionments re-quired under 23 U.S.C. 104(e), normally on October 1. 61 FR 28749, June 6, 1996, as amended at 74 FR 28442, June 16, 2009 1215.7 Transfe
25、r of funds. (a) Except as provided in paragraph (b) of this section, if at any time in a fiscal year beginning after September 30, 1994, a State does not have in effect a law described in 1215.4(a), the Sec-retary shall transfer 3 percent of the funds apportioned to the State for the succeeding fisc
26、al year under 23 U.S.C. 104 (b)(1), (b)(2) and (b)(3) to the appor-tionment of the State under 23 U.S.C. 402. (b) For New Hampshire or Maine, ex-cept as provided in 1215.4(c), if at any time in a fiscal year beginning after September 30, 1994, the State does not have in effect a law described in 121
27、5.4(a), the Secretary shall reserve 3 percent of the funds to be apportioned to the State for the succeeding fiscal VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00526 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproductio
28、n or networking permitted without license from IHS-,-,-517 NHTSA and FHWA, DOT 1225.3 year under 23 U.S.C. 104 (b)(1), (b)(2) and (b)(3) if the Secretary has not cer-tified, in accordance with 1215.4(d), that the State has achieved the appli-cable safety belt use rate. (c) If, at the end of a fiscal
29、 year in which the funds are reserved for New Hampshire or Maine under paragraph (b) of this section, the Secretary has not certified that the State achieved the applicable safety belt use rate, the Secretary shall transfer the funds re-served from the State to the apportion-ment of the State under
30、23 U.S.C. 402. (d) Any obligation limitation exist-ing on transferred funds prior to the transfer will apply, proportionately, to those funds after transfer. 61 FR 28749, June 6, 1996 1215.8 Use of transferred funds. (a) Any funds transferred under 1215.7 may be used for approved projects in any sec
31、tion 402 program area. (b) Any funds transferred under 1215.7 shall not be subject to Federal earmarking of any amounts or percent-ages for specific program activities. (c) The Federal share of the cost of any project carried out under section 402 with the transferred funds shall be 100 percent. (d)
32、 In the event of a transfer of funds under 1215.7, the 40 percent political subdivision participation in State high-way safety programs and the 10 percent limitation on the Federal contribution for Planning and Administration ac-tivities carried out under section 402 shall be based upon the sum of t
33、he funds transferred and amounts other-wise available for expenditure under section 402. PART 1225OPERATION OF MOTOR VEHICLES BY INTOXI-CATED PERSONS Sec. 1225.1 Scope. 1225.2 Purpose. 1225.3 Definitions. 1225.4 Adoption of 0.08 BAC per se law. 1225.5 General requirements for incentive grant program
34、. 1225.6 Award procedures for incentive grant program. 1225.7 Certification requirements for sanc-tion program. 1225.8 Funds withheld from apportionment. 1225.9 Period of availability of withheld funds. 1225.10 Apportionment of withheld funds after compliance. 1225.11 Notification of compliance. 122
35、5.12 Procedures affecting States in non-compliance. APPENDIX A TO PART 1225EFFECTS OF THE 0.08 BAC SANCTION PROGRAM ON NON-COM-PLYING STATES AUTHORITY: 23 U.S.C. 163; sec. 351, Pub. L. 106346Appendix, 114 Stat. 1356A34, 35; del-egation of authority at 49 CFR 1.48 and 1.50. SOURCE: 68 FR 50708, Aug.
36、22, 2003, unless otherwise noted. 1225.1 Scope. This part prescribes the requirements necessary to implement 23 U.S.C. 163, which encourages States to enact and enforce 0.08 BAC per se laws through the use of incentive grants and Section 351 of Public Law 106346Appendix, which requires the withholdi
37、ng of Fed-eral-aid highway funds from any State that has not enacted and is not enforc-ing a 0.08 BAC per se law as described in 23 U.S.C. 163. 1225.2 Purpose. The purpose of this part is to specify the steps that States must take to qualify for incentive grant funds in ac-cordance with 23 U.S.C. 16
38、3; and the steps that States must take to avoid the withholding of funds as required by Section 351 of Public Law 106346Ap-pendix. 1225.3 Definitions. 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 brea
39、th. (b) ALR means either administrative license revocation or administrative li-cense suspension. (c) BAC means either blood or breath alcohol concentration. (d) BAC per se law means a law that makes it an offense, in and of itself, to operate a motor vehicle with an alco-hol concentration at or abo
40、ve a speci-fied level. (e) Citations to State law means cita-tions to all sections of the States law VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00527 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
