1、547 PART 1313INCENTIVE GRANT CRITERIA FOR ALCOHOL-IM-PAIRED DRIVING PREVENTION PROGRAMS Sec. 1313.1 Scope. 1313.2 Purpose. 1313.3 Definitions. 1313.4 General requirements. 1313.5 Requirements for a low fatality rate state. 1313.6 Requirements for a programmatic state. 1313.7 Requirements for a high
2、fatality rate state. 1313.8 Award procedures. APPENDIX A TO PART 1313TAMPER RESIST-ANT DRIVERS LICENSE AUTHORITY: 23 U.S.C. 410; delegation of au-thority at 49 CFR 1.50. SOURCE: 63 FR 71700, Dec. 29, 1998, unless otherwise noted. 1313.1 Scope. This part establishes criteria, in ac-cordance with 23 U
3、.S.C. 410, for award-ing incentive grants to States that adopt and implement effective pro-grams to reduce traffic safety problems resulting from individuals driving motor vehicles while under the influ-ence of alcohol. 1313.2 Purpose. The purpose of this part is to encour-age States to adopt and im
4、plement ef-fective programs to reduce traffic safe-ty problems resulting from individuals driving motor vehicles while under the influence of alcohol. The criteria estab-lished are intended to ensure that State alcohol-impaired driving preven-tion programs for which incentive grants are awarded meet
5、 or exceed minimum levels designed to improve the effectiveness of such programs. 1313.3 Definitions. (a) Alcoholic beverage means wine con-taining one-half of one percent or more of alcohol by volume, beer and distilled spirits. Beer includes, but is not lim-ited to, ale, lager, porter, stout, sake
6、, and other similar fermented beverages brewed or produced from malt, wholly or in part, or from any substitute therefor. Distilled spirits include alco-hol, ethanol, or spirits or wine in any form, including all dilutions and mix-tures thereof from whatever process produced. (b) Blood alcohol conce
7、ntration or BAC means grams of alcohol per deciliter or 100 milliliters blood or grams of alco-hol per 210 liters of breath. (c) FARS means NHTSAs Fatality Analysis Reporting System, previously called the Fatal Accident Reporting System. (d) Motor vehicle means a vehicle driven or drawn by mechanica
8、l power and manufactured primarily for use on public streets, roads and highways, but does not include a vehicle operated only on a rail line. (e) Operating a motor vehicle while under the influence of alcohol means op-erating a vehicle while the alcohol con-centration in the blood or breath, as det
9、ermined by chemical or other tests, equals or exceeds the level established by the State that would be deemed to be or equivalent to the standard driv-ing while intoxicated offense in the State. (f) Other associated costs permitted by statute means labor costs, management costs, and equipment procur
10、ement costs for the high visibility enforce-ment campaigns under 1313.6(a); the costs of training law enforcement per-sonnel and procuring technology and equipment, including video equipment and passive alcohol sensors, to counter directly impaired operation of motor vehicles; the costs of public aw
11、areness, advertising, and educational cam-paigns that publicize use of sobriety check points or increased law enforce-ment efforts to counter impaired oper-ation of motor vehicles or that target impaired operation of motor vehicles by persons under 34 years of age; the costs of the development and i
12、mple-mentation of a State impaired operator information system; and the costs of operating programs that result in vehi-cle forfeiture or impoundment or li-cense plate impoundment. (g) State means any one of the fifty States, the District of Columbia, Puer-to Rico, the Virgin Islands, Guam, American
13、 Samoa, and the Common-wealth of the Northern Mariana Is-lands. 63 FR 71700, Dec. 29, 1998, as amended at 71 FR 20568, Apr. 21, 2006 VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00557 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for Res
14、aleNo reproduction or networking permitted without license from IHS-,-,-548 23 CFR Ch. III (4111 Edition) 1313.4 1313.4 General requirements. (a) Qualification requirements. To qualify for a grant under 23 U.S.C. 410, a State must, for each fiscal year it seeks to qualify: (1) Meet the requirements
15、of 1313.5 or 1313.7 concerning alcohol-related fatalities, as determined by the agency, and submit written certifications signed by the Governors Representa-tive for Highway Safety that it will (i) Use the funds awarded under 23 U.S.C. 410 only for the implementation and enforcement of alcohol-impai
16、red driving prevention programs in 1313.6 and other associated costs permitted by statute; (ii) Administer the funds in accord-ance with 49 CFR part 18 and OMB Cir-cular A87; and (iii) Maintain its aggregate expendi-tures from all other sources for its al-cohol-impaired driving prevention pro-grams
17、at or above the average level of such expenditures in fiscal years 2004 and 2005 (either State or Federal fiscal year 2004 and 2005 can be used); or (2) By August 1, submit an applica-tion to the appropriate NHTSA Re-gional Office identifying the criteria that it meets under 1313.6 and includ-ing th
18、e certifications in paragraph (a)(1)(i) through (a)(1)(iii) of this sec-tion and the additional certification that it has an alcohol-impaired driving prevention program that meets the re-quirements of 23 U.S.C. 410 and 23 CFR part 1313. (b) Post-approval requirements. (1) Within 30 days after notifi
19、cation of award, in no event later than Sep-tember 12 of each year, a State must submit electronically to the agency a Program Cost Summary (HS Form 217) obligating the funds to the Section 410 program; and (2) Until all Section 410 grant funds are expended, the State must document how it intends to
20、 use the funds in the Highway Safety Plan it submits pursu-ant to 23 U.S.C. 402 (or in an amend-ment to that plan) and detail the pro-gram activities accomplished in the Annual Report it submits for its high-way safety program pursuant to 23 CFR 1200.33. (c) Funding requirements and limita-tions. A
21、State may receive grants, be-ginning in FY 2006, in accordance with the apportionment formula under 23 U.S.C. 402 and subject to the following limitations: (1) The amount available for grants under 1313.5 or 1313.6 shall be deter-mined based on the total number of eli-gible States for these grants a
22、nd after deduction of the amount necessary to fund grants under 1313.7. (2) The amount available for grants under 1313.7 shall not exceed 15 per-cent of the total amount made avail-able to States under 23 U.S.C. 410 for the fiscal year, with no State receiving more than 30 percent of this amount. (3
23、) In the first or second fiscal years a State receives a grant under this part, it shall be reimbursed for up to 75 percent of the cost of its alcohol-im-paired driving prevention program adopted pursuant to 23 U.S.C. 410. (4) In the third and fourth fiscal years a State receives a grant under this
24、part, it shall be reimbursed for up to 50 percent of the cost of its alcohol- impaired driving prevention program adopted pursuant to 23 U.S.C. 410. 71 FR 20568, Apr. 21, 2006 1313.5 Requirements for a low fatal-ity rate state. To qualify for a grant as a low fatal-ity rate State, the State shall ha
25、ve an alcohol related fatality rate of 0.5 or less per 100,000,000 vehicle miles trav-eled (VMT) as of the date of the grant, as determined by NHTSA using the most recently available final FARS data. The agency plans to make this information available to States by June 1 of each fiscal year. 71 FR 2
26、0568, Apr. 21, 2006 1313.6 Requirements for a pro-grammatic state. To qualify for a grant as a pro-grammatic State, a State must adopt and demonstrate compliance with at least three of the following criteria in FY 2006, at least four of the following criteria in FY 2007, and at least five of the fol
27、lowing criteria in FY 2008 and FY 2009: (a) High visibility enforcement cam-paign(1) Criterion. A high visibility impaired driving law enforcement pro-gram that includes: VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00558 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1P
28、ROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-549 National Highway Traffic Safety Admin., DOT 1313.6 (i) State participation in the annual National impaired driving law enforce-ment campaign organized by NHTSA; (ii) Additional high visi
29、bility law en-forcement campaigns within the State conducted on a quarterly basis at high- risk times throughout the year; and (iii) Use of sobriety checkpoints and/ or saturation patrols at high-risk loca-tions throughout the State, conducted in a highly visible manner and sup-ported by publicity.
30、(2) Definitions. (i) Sobriety checkpoint means a law enforcement activity dur-ing which law enforcement officials stop motor vehicles on a non-discrimi-natory, lawful basis for the purpose of determining whether or not the opera-tors of such motor vehicles are driving while impaired by alcohol and/o
31、r other drugs. (ii) Saturation patrol means a law en-forcement activity during which en-hanced levels of law enforcement are conducted in a concentrated geo-graphic area (or areas) for the purpose of detecting drivers operating motor vehicles while impaired by alcohol and/ or other drugs. (iii) Law
32、enforcement agency means an agency identified by the State and in-cluded in an enforcement plan for pur-poses of meeting coverage and other re-quirements listed in 1313.6(a)(3)(i)(ii). (3) Demonstrating compliance. (i) To demonstrate compliance in the first fiscal year under this criterion, the Stat
33、e shall submit a comprehensive plan for conducting a high visibility impaired driving law enforcement pro-gram under which: (A) State Police and local law en-forcement agencies collectively serving at least 50 percent of the States popu-lation or serving geographic subdivi-sions that account for at
34、least 50 per-cent of the States alcohol-related fa-talities will participate in the States high visibility impaired driving law en-forcement program; (B) Each participating law enforce-ment agency will conduct checkpoints and/or saturation patrols on at least four nights during the annual National i
35、mpaired driving campaign organized by NHTSA and will conduct check-points and/or saturation patrols on at least four occasions throughout the re-mainder of the year; (C) The State will coordinate law en-forcement activities throughout the State to maximize the frequency and visibility of law enforce
36、ment activities at high-risk locations Statewide; and (D) Paid and/or earned media will publicize law enforcement activities before, during and after they take place, both during the National cam-paign and on a sustained basis at high risk times throughout the year. (ii) To demonstrate compliance in
37、 subsequent fiscal years, the State shall submit information documenting that the prior years plan was effectively implemented and an updated plan for conducting a current high visibility impaired driving law enforcement pro-gram containing the elements specified in 1313.6(a)(3)(i) and (a)(3)(iii),
38、except that the level of law enforcement agen-cy participation must reach at least 55 percent of the States population or cover geographic subdivisions that ac-count for at least 55 percent of the States alcohol-related fatalities in the second year the State receives a grant based on this criterion
39、, 60 percent of ei-ther of these two measures in the third year and 65 percent of either of these two measures in the fourth year. (iii) For the purposes of paragraph (a) of this section, a comprehensive plan shall include: (A) Guidelines, policies or procedures governing the Statewide enforcement p
40、rogram; (B) Approximate dates and locations of planned law enforcement activities; (C) A list of law enforcement agen-cies expected to participate; and (D) A paid media buy plan, if the State buys media, and a description of anticipated earned media activities be-fore, during and after planned enfor
41、ce-ment efforts; (b) Prosecution and adjudication out-reach program(1) Criterion. A prosecu-tion and adjudication program that provides for either: (i) A statewide outreach effort that reduces the use of diversion programs through education of prosecutors and court professionals and includes the fol
42、lowing topics (A) State impaired driving statutes and applicable case law; (B) Searches, seizures and arrests; (C) Admissibility of evidence; VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00559 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNo
43、t for ResaleNo reproduction or networking permitted without license from IHS-,-,-550 23 CFR Ch. III (4111 Edition) 1313.6 (D) Biochemical and physiological in-formation; and (E) Sentencing of impaired drivers; or (ii) A statewide outreach effort that provides information to prosecutors and court pro
44、fessionals on innovative approaches to the prosecution and ad-judication of impaired driving cases and includes the following topics (A) Alcohol assessments and treat-ment; (B) Vehicle sanctioning; (C) Electronic monitoring and home detention; and (D) DWI courts; or (iii) A Statewide tracking system
45、 that monitors the adjudication of im-paired driving cases that (A) Covers a majority of the judicial jurisdictions in the State; and (B) Collects data on original criminal and traffic-related charge(s) against a defendant, the final charge(s) brought by a prosecutor, and the disposition of the char
46、ge(s) or sentence provided. (2) Definitions. (i) Diversion program means a program under which an of-fender is allowed to obtain a reduction or dismissal of an impaired driving charge or removal of an impaired driv-ing offense from a driving record based on participation in an educational course, co
47、mmunity service activity, or treatment program. (ii) Traffic Safety Resource Prosecutor means an individual or entity used by the State on a full-time basis to pro-vide support in the form of education and outreach programs and technical assistance to enhance the capability of prosecutors to effecti
48、vely prosecute across-the-State traffic safety viola-tions. (iii) State Judicial Educator means an individual or entity used by the State on a full-time basis to enhance the per-formance of a States judicial system by providing education and outreach programs and technical assistance to continuously
49、 improve personal and professional competence of all persons performing judicial branch functions. (3) Demonstrating compliance. (i) To demonstrate compliance in the first fiscal year under this criterion, the State shall submit: (A) A course syllabus for a Statewide outreach and education program and a certification that its program is pro-vided on an annual basis (a minimum of once a year and a minimum of eight hours of training) and covers t
