§ 153. — Use of safety belts and motorcycle helmets.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 23USC153]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 153. Use of safety belts and motorcycle helmets
(a) Authority To Make Grants.--The Secretary may make grants to a
State in a fiscal year in accordance with this section if the State has
in effect in such fiscal year--
(1) a law which makes unlawful throughout the State the
operation of a motorcycle if any individual on the motorcycle is not
wearing a motorcycle helmet; and
(2) a law which makes unlawful throughout the State the
operation of a passenger vehicle whenever an individual in a front
seat of the vehicle (other than a child who is secured in a child
restraint system) does not have a safety belt properly fastened
about the individual's body.
(b) Use of Grants.--A grant made to a State under this section shall
be used to adopt and implement a traffic safety program to carry out the
following purposes:
(1) Education.--To educate the public about motorcycle and
passenger vehicle safety and motorcycle helmet, safety belt, and
child restraint system use and to involve public health education
agencies and other related agencies in these efforts.
(2) Training.--To train law enforcement officers in the
enforcement of State laws described in subsection (a).
(3) Monitoring.--To monitor the rate of compliance with State
laws described in subsection (a).
(4) Enforcement.--To enforce State laws described in subsection
(a).
(c) Maintenance of Effort.--A grant may not be made to a State under
this section in any fiscal year unless the State enters into such
agreements with the Secretary as the Secretary may require to ensure
that the State will maintain its aggregate expenditures from all other
sources for any traffic safety program described in subsection (b) at or
above the average level of such expenditures in the State's 2 fiscal
years preceding the date of the enactment of this section.
(d) Federal Share.--A State may not receive a grant under this
section in more than 3 fiscal years. The Federal share payable for a
grant under this section shall not exceed--
(1) in the first fiscal year the State receives a grant, 75
percent of the cost of implementing in such fiscal year a traffic
safety program described in subsection (b);
(2) in the second fiscal year the State receives a grant, 50
percent of the cost of implementing in such fiscal year such traffic
safety program; and
(3) in the third fiscal year the State receives a grant, 25
percent of the cost of implementing in such fiscal year such traffic
safety program.
(e) Maximum Aggregate Amount of Grants.--The aggregate amount of
grants made to a State under this section shall not exceed 90 percent of
the amount apportioned to such State for fiscal year 1990 under section
402.
(f) Eligibility for Grants.--
(1) General rule.--A State is eligible in a fiscal year for a
grant under this section only if the State enters into such
agreements with the Secretary as the Secretary may require to ensure
that the State implements in such fiscal year a traffic safety
program described in subsection (b).
(2) Second-year grants.--A State is eligible for a grant under
this section in a fiscal year succeeding the first fiscal year in
which a State receives a grant under this section only if the State
in the preceding fiscal year--
(A) had in effect at all times a State law described in
subsection (a)(1) and achieved a rate of compliance with such
law of not less than 75 percent; and
(B) had in effect at all times a State law described in
subsection (a)(2) and achieved a rate of compliance with such
law of not less than 50 percent.
(3) Third-year grants.--A State is eligible for a grant under
this section in a fiscal year succeeding the second fiscal year in
which a State receives a grant under this section only if the State
in the preceding fiscal year--
(A) had in effect at all times a State law described in
subsection (a)(1) and achieved a rate of compliance with such
law of not less than 85 percent; and
(B) had in effect at all times a State law described in
subsection (a)(2) and achieved a rate of compliance with such
law of not less than 70 percent.
(g) Measurements of Rates of Compliance.--For the purposes of
subsections (f)(2) and (f)(3), a State shall measure compliance with
State laws described in subsection (a) using methods which conform to
guidelines issued by the Secretary ensuring that such measurements are
accurate and representative.
(h) Penalty.--
(1) Fiscal year 1994.--If, at any time in fiscal year 1994, a
State does not have in effect a law described in subsection (a)(2),
the Secretary shall transfer 1\1/2\ percent of the funds apportioned
to the State for fiscal year 1995 under each of subsections (b)(1),
(b)(2), and (b)(3) of section 104 of this title to the apportionment
of the State under section 402 of this title.
(2) Thereafter.--If, at any time in a fiscal year beginning
after September 30, 1994, a State does not have in effect a law
described in subsection (a)(2), the Secretary shall transfer 3
percent of the funds apportioned to the State for the succeeding
fiscal year under each of subsections (b)(1), (b)(2), and (b)(3) of
section 104 of this title to the apportionment of the State under
section 402 of this title.
(3) Federal share.--The Federal share of the cost of any project
carried out under section 402 with funds transferred to the
apportionment of section 402 shall be 100 percent.
(4) Transfer of obligation authority.--If the Secretary
transfers under this subsection any funds to the apportionment of a
State under section 402 for a fiscal year, the Secretary shall
allocate an amount of obligation authority distributed for such
fiscal year to the State for Federal-aid highways and highway safety
construction programs for carrying out only projects under section
402 which is determined by multiplying--
(A) the amount of funds transferred to the apportionment of
section 402 of the State under section 402 for such fiscal year;
by
(B) the ratio of the amount of obligation authority
distributed for such fiscal year to the State for Federal-aid
highways and highway safety construction programs to the total
of the sums apportioned to the State for Federal-aid highways
and highway safety construction (excluding sums not subject to
any obligation limitation) for such fiscal year.
(5) Limitation on applicability of highway safety obligations.--
Notwithstanding any other provision of law, no limitation on the
total of obligations for highway safety programs carried out by the
Federal Highway Administration under section 402 shall apply to
funds transferred under this subsection to the apportionment of
section 402.
(i) Definitions.--For the purposes of this section, the following
definitions apply:
(1) Motorcycle.--The term ``motorcycle'' means a motor vehicle
which is designed to travel on not more than 3 wheels in contact
with the surface.
(2) Motor vehicle.--The term ``motor vehicle'' has the meaning
such term has under section 154 \1\ of this title.
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\1\ See References in Text note below.
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(3) Passenger vehicle.--The term ``passenger vehicle'' means a
motor vehicle which is designed for transporting 10 individuals or
less, including the driver, except that such term does not include a
vehicle which is constructed on a truck chassis, a motorcycle, a
trailer, or any motor vehicle which is not required on the date of
the enactment of this section under a Federal motor vehicle safety
standard to be equipped with a belt system.
(4) Safety belt.--The term ``safety belt'' means--
(A) with respect to open-body passenger vehicles, including
convertibles, an occupant restraint system consisting of a lap
belt or a lap belt and a detachable shoulder belt; and
(B) with respect to other passenger vehicles, an occupant
restraint system consisting of integrated lap shoulder belts.
(j) Authorization of Appropriations.--There is authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $17,000,000 for fiscal year 1992.
From sums made available to carry out section 402 of this title, the
Secretary shall make available $17,000,000 for fiscal year 1992 and
$24,000,000 for each of fiscal years 1993 and 1994 to carry out this
section.
(k) Applicability of Chapter 1 Provisions.--All provisions of this
chapter that are applicable to National Highway System funds, other than
provisions relating to the apportionment formula and provisions limiting
the expenditures of such funds to Federal-aid systems, shall apply to
funds authorized to be appropriated to carry out this section, except as
determined by the Secretary to be inconsistent with this section and
except that sums authorized by this section shall remain available until
expended.
(Added Pub. L. 102-240, title I, Sec. 1031(a)(1), Dec. 18, 1991, 105
Stat. 1970; amended Pub. L. 104-59, title II, Sec. 205(e), Nov. 28,
1995, 109 Stat. 577.)
References in Text
The date of the enactment of this section, referred to in subsecs.
(c) and (i)(3), is the date of enactment of Pub. L. 102-240, which was
approved Dec. 18, 1991.
Section 154 of this title, referred to in subsec. (i)(2), was
repealed by Pub. L. 104-59, title II, Sec. 205(d)(1)(B), Nov. 28, 1995,
109 Stat. 577.
Prior Provisions
A prior section 153, added Pub. L. 93-87, title II, Sec. 210(a),
Aug. 13, 1973, 87 Stat. 287; amended Pub. L. 94-280, title I, Sec. 131,
May 5, 1976, 90 Stat. 441, related to a program for the elimination of
roadside obstacles, prior to repeal by Pub. L. 95-599, title I,
Sec. 168(b), Nov. 6, 1978, 92 Stat. 2723.
Amendments
1995--Subsec. (h)(1), (2). Pub. L. 104-59 struck out ``a law
described in subsection (a)(1) and'' after ``have in effect''.
Effective Date of 1995 Amendment
Section 205(e) of Pub. L. 104-59 provided that the amendment made by
that section is effective Sept. 30, 1995.
Effective Date
Section effective Dec. 18, 1991, and applicable to funds authorized
to be appropriated or made available after Sept. 30, 1991, and, with
certain exceptions, not applicable to funds appropriated or made
available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102-
240, set out as an Effective Date of 1991 Amendment note under section
104 of this title.
Study of Benefits of Safety Belts and Motorcycle Helmets to Individuals
Involved in Crashes
Section 1031(b) of Pub. L. 102-240 provided that:
``(1) In general.--The Secretary shall conduct a study or studies to
determine the benefits of safety belt use and motorcycle helmet use for
individuals involved in motor vehicle crashes and motorcycle crashes,
collecting and analyzing data from regional trauma systems regarding
differences in the following: the severity of injuries; acute,
rehabilitative and long-term medical costs, including the sources of
reimbursement and the extent to which these sources cover actual costs;
government, employer, and other costs; and mortality and morbidity
outcomes. The study shall cover a representative period after January 1,
1990.
``(2) Report.--The Secretary shall make public a proposed report on
the results of the study or studies conducted under this subsection,
provide a period of 90 days for public comment on such report, consider
such comments, and transmit to Congress a report on the results of such
study or studies, together with a summary of such comments, not later
than 40 months after the funds for such study are made available by the
Secretary.
``(3) Funding.--Of the amounts authorized to be appropriated for
fiscal year 1992 or 1993 (or both) to carry out section 153 of title 23,
United States Code, the Secretary shall make available $5,000,000 in the
aggregate in such fiscal years to carry out this subsection. Such funds
shall remain available until expended.''
Section Referred to in Other Sections
This section is referred to in title 49 section 31104.
