2013 US Code
Title 23 - Highways
Chapter 4 - HIGHWAY SAFETY (§§ 401 - 412)
Section 405 - National priority safety programs
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 23 - HIGHWAYS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 23 - HIGHWAYS CHAPTER 4 - HIGHWAY SAFETY Sec. 405 - National priority safety programs |
Contains | section 405 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 105-178, title II, §2003(a)(1), June 9, 1998, 112 Stat. 325; amended Pub. L. 109-59, title II, §§2002(e), 2004, Aug. 10, 2005, 119 Stat. 1522, 1524; Pub. L. 111-147, title IV, §421(c)(1), Mar. 18, 2010, 124 Stat. 84; Pub. L. 112-30, title I, §121(c)(1), Sept. 16, 2011, 125 Stat. 347; Pub. L. 112-141, div. C, title I, §31105(a), July 6, 2012, 126 Stat. 741. |
Statutes at Large References | 87 Stat. 293 88 Stat. 2289 90 Stat. 442 112 Stat. 325, 327 119 Stat. 1522, 1538 124 Stat. 84, 85 125 Stat. 347, 348 126 Stat. 741, 757 |
Public Law References | Public Law 93-87, Public Law 93-643, Public Law 94-280, Public Law 105-178, Public Law 109-59, Public Law 111-147, Public Law 112-30, Public Law 112-141 |
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(a)
(1)
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
(i)
(ii)
(2)
(b)
(1)
(2)
(3)
(A)
(i) submits an occupant protection plan during the first fiscal year;
(ii) participates in the Click It or Ticket national mobilization;
(iii) has an active network of child restraint inspection stations; and
(iv) has a plan to recruit, train, and maintain a sufficient number of child passenger safety technicians.
(B)
(i) the State meets all of the requirements under clauses (i) through (iv) of subparagraph (A); and
(ii) the Secretary determines that the State meets at least 3 of the following criteria:
(I) The State conducts sustained (on-going and periodic) seat belt enforcement at a defined level of participation during the year.
(II) The State has enacted and enforces a primary enforcement seat belt use law.
(III) The State has implemented countermeasure programs for high-risk populations, such as drivers on rural roadways, unrestrained nighttime drivers, or teenage drivers.
(IV) The State has enacted and enforces occupant protection laws requiring front and rear occupant protection use by all occupants in an age-appropriate restraint.
(V) The State has implemented a comprehensive occupant protection program in which the State has—
(aa) conducted a program assessment;
(bb) developed a statewide strategic plan;
(cc) designated an occupant protection coordinator; and
(dd) established a statewide occupant protection task force.
(VI) The State—
(aa) completed an assessment of its occupant protection program during the 3-year period preceding the grant year; or
(bb) will conduct such an assessment during the first year of the grant.
(4)
(A)
(i) carry out a program to support high-visibility enforcement mobilizations, including paid media that emphasizes publicity for the program, and law enforcement;
(ii) carry out a program to train occupant protection safety professionals, police officers, fire and emergency medical personnel, educators, and parents concerning all aspects of the use of child restraints and occupant protection;
(iii) carry out a program to educate the public concerning the proper use and installation of child restraints, including related equipment and information systems;
(iv) carry out a program to provide community child passenger safety services, including programs about proper seating positions for children and how to reduce the improper use of child restraints;
(v) purchase and distribute child restraints to low-income families, provided that not more than 5 percent of the funds received in a fiscal year are used for such purpose; and
(vi) establish and maintain information systems containing data concerning occupant protection, including the collection and administration of child passenger safety and occupant protection surveys.
(B)
(5)
(6)
(A)
(i) designed for use in a motor vehicle to restrain, seat, or position children who weigh 65 pounds (30 kilograms) or less; and
(ii) certified to the Federal motor vehicle safety standard prescribed by the National Highway Traffic Safety Administration for child restraints.
(B)
(i) with respect to open-body motor vehicles, including convertibles, an occupant restraint system consisting of a lap belt or a lap belt and a detachable shoulder belt; and
(ii) with respect to other motor vehicles, an occupant restraint system consisting of integrated lap and shoulder belts.
(c)
(1)
(A) improve the timeliness, accuracy, completeness, uniformity, integration, and accessibility of the State safety data that is needed to identify priorities for Federal, State, and local highway and traffic safety programs;
(B) evaluate the effectiveness of efforts to make such improvements;
(C) link the State data systems, including traffic records, with other data systems within the State, such as systems that contain medical, roadway, and economic data;
(D) improve the compatibility and interoperability of the data systems of the State with national data systems and data systems of other States; and
(E) enhance the ability of the Secretary to observe and analyze national trends in crash occurrences, rates, outcomes, and circumstances.
(2)
(3)
(A) has a functioning traffic records coordinating committee (referred to in this paragraph as "TRCC") that meets at least 3 times each year;
(B) has designated a TRCC coordinator;
(C) has established a State traffic record strategic plan that has been approved by the TRCC and describes specific quantifiable and measurable improvements anticipated in the State's core safety databases, including crash, citation or adjudication, driver, emergency medical services or injury surveillance system, roadway, and vehicle databases;
(D) has demonstrated quantitative progress in relation to the significant data program attribute of—
(i) accuracy;
(ii) completeness;
(iii) timeliness;
(iv) uniformity;
(v) accessibility; or
(vi) integration of a core highway safety database; and
(E) has certified to the Secretary that an assessment of the State's highway safety data and traffic records system was conducted or updated during the preceding 5 years.
(4)
(5)
(d)
(1)
(A) effective programs to reduce driving under the influence of alcohol, drugs, or the combination of alcohol and drugs; or
(B) alcohol-ignition interlock laws.
(2)
(3)
(A)
(B)
(i) a statewide impaired driving task force in the State developed a statewide plan during the most recent 3 calendar years to address the problem of impaired driving; or
(ii) the State will convene a statewide impaired driving task force to develop such a plan during the first year of the grant.
(C)
(i)(I) conducted an assessment of the State's impaired driving program during the most recent 3 calendar years; or
(II) will conduct such an assessment during the first year of the grant;
(ii) convenes, during the first year of the grant, a statewide impaired driving task force to develop a statewide plan that—
(I) addresses any recommendations from the assessment conducted under clause (i);
(II) includes a detailed plan for spending any grant funds provided under this subsection; and
(III) describes how such spending supports the statewide program; and
(iii)(I) submits the statewide plan to the National Highway Traffic Safety Administration during the first year of the grant for the agency's review and approval;
(II) annually updates the statewide plan in each subsequent year of the grant; and
(III) submits each updated statewide plan for the agency's review and comment.
(4)
(A)
(i) high visibility enforcement efforts; and
(ii) any of the activities described in subparagraph (B) if—
(I) the activity is described in the statewide plan; and
(II) the Secretary approves the use of funding for such activity.
(B)
(i) any of the purposes described in subparagraph (A);
(ii) hiring a full-time or part-time impaired driving coordinator of the State's activities to address the enforcement and adjudication of laws regarding driving while impaired by alcohol;
(iii) court support of high visibility enforcement efforts, training and education of criminal justice professionals (including law enforcement, prosecutors, judges, and probation officers) to assist such professionals in handling impaired driving cases, hiring traffic safety resource prosecutors, hiring judicial outreach liaisons, and establishing driving while intoxicated courts;
(iv) alcohol ignition interlock programs;
(v) improving blood-alcohol concentration testing and reporting;
(vi) paid and earned media in support of high visibility enforcement efforts, and conducting standardized field sobriety training, advanced roadside impaired driving evaluation training, and drug recognition expert training for law enforcement, and equipment and related expenditures used in connection with impaired driving enforcement in accordance with criteria established by the National Highway Traffic Safety Administration;
(vii) training on the use of alcohol screening and brief intervention;
(viii) developing impaired driving information systems; and
(ix) costs associated with a 24-7 sobriety program.
(C)
(5)
(6)
(A)
(B)
(C)
(D)
(7)
(A)
(i) require an individual who plead guilty or was convicted of driving under the influence of alcohol or drugs to totally abstain from alcohol or drugs for a period of time; and
(ii) require the individual to be subject to testing for alcohol or drugs—
(I) at least twice per day;
(II) by continuous transdermal alcohol monitoring via an electronic monitoring device; or
(III) by an alternate method with the concurrence of the Secretary.
(B)
(C)
(D)
(E)
(e)
(1)
(2)
(A) prohibits drivers from texting through a personal wireless communications device while driving;
(B) makes violation of the statute a primary offense; and
(C) establishes—
(i) a minimum fine for a first violation of the statute; and
(ii) increased fines for repeat violations.
(3)
(A) prohibits a driver who is younger than 18 years of age from using a personal wireless communications device while driving;
(B) makes violation of the statute a primary offense;
(C) requires distracted driving issues to be tested as part of the State driver's license examination; and
(D) establishes—
(i) a minimum fine for a first violation of the statute; and
(ii) increased fines for repeat violations.
(4)
(A) a driver who uses a personal wireless communications device to contact emergency services;
(B) emergency services personnel who use a personal wireless communications device while—
(i) operating an emergency services vehicle; and
(ii) engaged in the performance of their duties as emergency services personnel; and
(C) an individual employed as a commercial motor vehicle driver or a school bus driver who uses a personal wireless communications device within the scope of such individual's employment if such use is permitted under the regulations promulgated pursuant to section 31152 of title 49.
(5)
(A) at least 50 percent shall be used—
(i) to educate the public through advertising containing information about the dangers of texting or using a cell phone while driving;
(ii) for traffic signs that notify drivers about the distracted driving law of the State; or
(iii) for law enforcement costs related to the enforcement of the distracted driving law; and
(B) up to 50 percent may be used for any eligible project or activity under section 402.
(6)
(A) enacted statutes before the date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2012, which meet the requirements set forth in subparagraphs (A) and (B) of paragraph (2); and
(B) are otherwise ineligible for a grant under this subsection.
(7)
(8)
(A)
(B)
(i) examine the effect of distractions other than the use of personal wireless communications on motor vehicle safety;
(ii) identify metrics to determine the nature and scope of the distracted driving problem;
(iii) identify the most effective methods to enhance education and awareness; and
(iv) identify the most effective method of reducing deaths and injuries caused by all forms of distracted driving.
(C)
(i) the Committee on Commerce, Science, and Transportation of the Senate; and
(ii) the Committee on Transportation and Infrastructure of the House of Representatives.
(9)
(A)
(i) means operating a motor vehicle on a public road, including operation while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise; and
(ii) does not include operating a motor vehicle when the vehicle has pulled over to the side of, or off, an active roadway and has stopped in a location where it can safely remain stationary.
(B)
(i) means a device through which personal wireless services (as defined in section 332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are transmitted; and
(ii) does not include a global navigation satellite system receiver used for positioning, emergency notification, or navigation purposes.
(C)
(D)
(E)
(f)
(1)
(2)
(3)
(A)
(i) provides a formal program of instruction in accident avoidance and other safety-oriented operational skills to motorcyclists; and
(ii) may include innovative training opportunities to meet unique regional needs.
(B)
(C)
(D)
(E)
(F)
(4)
(A)
(i) improvements to motorcyclist safety training curricula;
(ii) improvements in program delivery of motorcycle training to both urban and rural areas, including—
(I) procurement or repair of practice motorcycles;
(II) instructional materials;
(III) mobile training units; and
(IV) leasing or purchasing facilities for closed-course motorcycle skill training;
(iii) measures designed to increase the recruitment or retention of motorcyclist safety training instructors; and
(iv) public awareness, public service announcements, and other outreach programs to enhance driver awareness of motorcyclists, such as the "share-the-road" safety messages developed under subsection (g).
(B)
(5)
(A)
(i) the presence of motorcycles on or near roadways; and
(ii) safe driving practices that avoid injury to motorcyclists.
(B)
(C)
(D)
(g)
(1)
(2)
(A)
(B)
(i) a learner's permit stage that—
(I) is at least 6 months in duration;
(II) prohibits the driver from using a cellular telephone or any communications device in a nonemergency situation; and
(III) remains in effect until the driver—
(aa) reaches 16 years of age and enters the intermediate stage; or
(bb) reaches 18 years of age;
(ii) an intermediate stage that—
(I) commences immediately after the expiration of the learner's permit stage;
(II) is at least 6 months in duration;
(III) prohibits the driver from using a cellular telephone or any communications device in a nonemergency situation;
(IV) restricts driving at night;
(V) prohibits the driver from operating a motor vehicle with more than 1 nonfamilial passenger younger than 21 years of age unless a licensed driver who is at least 21 years of age is in the motor vehicle; and
(VI) remains in effect until the driver reaches 18 years of age; and
(iii) any other requirement prescribed by the Secretary of Transportation, including—
(I) in the learner's permit stage—
(aa) at least 40 hours of behind-the-wheel training with a licensed driver who is at least 21 years of age;
(bb) a driver training course; and
(cc) a requirement that the driver be accompanied and supervised by a licensed driver, who is at least 21 years of age, at all times while such driver is operating a motor vehicle; and
(II) in the learner's permit or intermediate stage, a requirement, in addition to any other penalties imposed by State law, that the grant of an unrestricted driver's license be automatically delayed for any individual who, during the learner's permit or intermediate stage, is convicted of a driving-related offense, including—
(aa) driving while intoxicated;
(bb) misrepresentation of his or her true age;
(cc) reckless driving;
(dd) driving without wearing a seat belt;
(ee) speeding; or
(ff) any other driving-related offense, as determined by the Secretary.
(3)
(A)
(B)
(i) in connection with work performed on, or for the operation of, a farm owned by family members who are directly related to the applicant or licensee; or
(ii) if demonstrable hardship would result from the denial of a license to the licensees or applicants.
(4)
(5)
(A) at least 25 percent shall be used for—
(i) enforcing a 2-stage licensing process that complies with paragraph (2);
(ii) training for law enforcement personnel and other relevant State agency personnel relating to the enforcement described in clause (i);
(iii) publishing relevant educational materials that pertain directly or indirectly to the State graduated driver licensing law;
(iv) carrying out other administrative activities that the Secretary considers relevant to the State's 2-stage licensing process; and
(v) carrying out a teen traffic safety program described in section 402(m); and
(B) up to 75 percent may be used for any eligible project or activity under section 402.
(Added Pub. L. 105–178, title II, §2003(a)(1), June 9, 1998, 112 Stat. 325; amended Pub. L. 109–59, title II, §§2002(e), 2004, Aug. 10, 2005, 119 Stat. 1522, 1524; Pub. L. 111–147, title IV, §421(c)(1), Mar. 18, 2010, 124 Stat. 84; Pub. L. 112–30, title I, §121(c)(1), Sept. 16, 2011, 125 Stat. 347; Pub. L. 112–141, div. C, title I, §31105(a), July 6, 2012, 126 Stat. 741.)
REFERENCES IN TEXTThe date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2012, referred to in subsecs. (a)(1)(H)(i), (e)(6)(A), (8)(C), is the date of enactment of title I of div. C of Pub. L. 112–141, which was approved July 6, 2012.
PRIOR PROVISIONSA prior section 405, added Pub. L. 93–87, title II, §230(a), Aug. 13, 1973, 87 Stat. 293; amended Pub. L. 93–643, §121, Jan. 4, 1975, 88 Stat. 2289, related to the Federal-aid safer roads demonstration program, prior to repeal by Pub. L. 94–280, title I, §135(c), May 5, 1976, 90 Stat. 442.
AMENDMENTS2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to occupant protection incentive grants.
2011—Subsec. (a)(3). Pub. L. 112–30, §121(c)(1)(A), substituted "9" for "8".
Subsec. (a)(4)(C). Pub. L. 112–30, §121(c)(1)(B), substituted "fifth through ninth" for "fifth through eighth".
2010—Subsec. (a)(3). Pub. L. 111–147, §421(c)(1)(A), substituted "8" for "6".
Subsec. (a)(4)(C). Pub. L. 111–147, §421(c)(1)(B), substituted "fifth through eighth" for "fifth and sixth".
2005—Subsec. (a)(2). Pub. L. 109–59, §2004(a)(1), substituted "SAFETEA–LU" for "Transportation Equity Act for the 21st Century".
Subsec. (a)(3). Pub. L. 109–59, §2004(a)(2), substituted "2003" for "1997".
Subsec. (a)(4). Pub. L. 109–59, §2004(a)(3), inserted "beginning after September 30, 2003," after "years" in subpars. (A) to (C).
Subsec. (c). Pub. L. 109–59, §2004(c), substituted "100 percent" for "25 percent" and "2003" for "1997".
Subsec. (d). Pub. L. 109–59, §2002(e), struck out heading and text of subsec. (d). Text read as follows: "Funds authorized to be appropriated to carry out this section in a fiscal year shall be subject to a deduction not to exceed 5 percent for the necessary costs of administering the provisions of this section."
EFFECTIVE DATE OF 2012 AMENDMENTAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
EFFECTIVE DATE OF 2005 AMENDMENTAmendment by Pub. L. 109–59 effective Oct. 1, 2005, see section 2022 of Pub. L. 109–59, set out as a note under section 402 of this title.
CHILD SAFETY AND CHILD BOOSTER SEAT INCENTIVE GRANTSPub. L. 109–59, title II, §2011, Aug. 10, 2005, 119 Stat. 1538, as amended by Pub. L. 111–147, title IV, §421(j)(1), Mar. 18, 2010, 124 Stat. 85; Pub. L. 112–30, title I, §121(j)(1), Sept. 16, 2011, 125 Stat. 348, related to child safety and child booster seat incentive grants, prior to repeal by Pub. L. 112–141, div. C, title I, §31109(h), July 6, 2012, 126 Stat. 757.
CHILD PASSENGER PROTECTION EDUCATION GRANTSPub. L. 105–178, title II, §2003(b), June 9, 1998, 112 Stat. 327, authorized the Secretary to make grants to States to implement child passenger protection programs, required reports from States and the Secretary regarding those programs, and authorized appropriations for fiscal years 2000 and 2001.
1 So in original. Probably should be "section".
2 So in original.
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