§ 154. — Open container requirements.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 23USC154]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 154. Open container requirements
(a) Definitions.--In this section, the following definitions apply:
(1) Alcoholic beverage.--The term ``alcoholic beverage'' has the
meaning given the term in section 158(c).
(2) Motor vehicle.--The term ``motor vehicle'' means a vehicle
driven or drawn by mechanical power and manufactured primarily for
use on public highways, but does not include a vehicle operated
exclusively on a rail or rails.
(3) Open alcoholic beverage container.--The term ``open
alcoholic beverage container'' means any bottle, can, or other
receptacle--
(A) that contains any amount of alcoholic beverage; and
(B)(i) that is open or has a broken seal; or
(ii) the contents of which are partially removed.
(4) Passenger area.--The term ``passenger area'' shall have the
meaning given the term by the Secretary by regulation.
(b) Open Container Laws.--
(1) In general.--For the purposes of this section, each State
shall have in effect a law that prohibits the possession of any open
alcoholic beverage container, or the consumption of any alcoholic
beverage, in the passenger area of any motor vehicle (including
possession or consumption by the driver of the vehicle) located on a
public highway, or the right-of-way of a public highway, in the
State.
(2) Motor vehicles designed to transport many passengers.--For
the purposes of this section, if a State has in effect a law that
makes unlawful the possession of any open alcoholic beverage
container by the driver (but not by a passenger)--
(A) in the passenger area of a motor vehicle designed,
maintained, or used primarily for the transportation of persons
for compensation; or
(B) in the living quarters of a house coach or house
trailer,
the State shall be deemed to have in effect a law described in this
subsection with respect to such a motor vehicle for each fiscal year
during which the law is in effect.
(c) Transfer of Funds.--
(1) Fiscal years 2001 and 2002.--On October 1, 2000, and October
1, 2001, if a State has not enacted or is not enforcing an open
container law described in subsection (b), the Secretary shall
transfer an amount equal to 1\1/2\ percent of the funds apportioned
to the State on that date under each of paragraphs (1), (3), and (4)
of section 104(b) to the apportionment of the State under section
402--
(A) to be used for alcohol-impaired driving countermeasures;
or
(B) to be directed to State and local law enforcement
agencies for enforcement of laws prohibiting driving while
intoxicated or driving under the influence and other related
laws (including regulations), including the purchase of
equipment, the training of officers, and the use of additional
personnel for specific alcohol-impaired driving countermeasures,
dedicated to enforcement of the laws (including regulations).
(2) Fiscal year 2003 and fiscal years thereafter.--On October 1,
2002, and each October 1 thereafter, if a State has not enacted or
is not enforcing an open container law described in subsection (b),
the Secretary shall transfer an amount equal to 3 percent of the
funds apportioned to the State on that date under each of paragraphs
(1), (3), and (4) of section 104(b) to the apportionment of the
State under section 402 to be used or directed as described in
subparagraph (A) or (B) of paragraph (1).
(3) Use for hazard elimination program.--A State may elect to
use all or a portion of the funds transferred under paragraph (1) or
(2) for activities eligible under section 152.
(4) Federal share.--The Federal share of the cost of a project
carried out with funds transferred under paragraph (1) or (2), or
used under paragraph (3), shall be 100 percent.
(5) Derivation of amount to be transferred.--The amount to be
transferred under paragraph (1) or (2) may be derived from one or
more of the following:
(A) The apportionment of the State under section 104(b)(1).
(B) The apportionment of the State under section 104(b)(3).
(C) The apportionment of the State under section 104(b)(4).
(6) Transfer of obligation authority.--
(A) In general.--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 transfer an
amount, determined under subparagraph (B), of obligation
authority distributed for the fiscal year to the State for
Federal-aid highways and highway safety construction programs
for carrying out projects under section 402.
(B) Amount.--The amount of obligation authority referred to
in subparagraph (A) shall be determined by multiplying--
(i) the amount of funds transferred under subparagraph
(A) to the apportionment of the State under section 402 for
the fiscal year, by
(ii) the ratio that--
(I) the amount of obligation authority distributed
for the fiscal year to the State for Federal-aid
highways and highway safety construction programs, bears
to
(II) the total of the sums apportioned to the State
for Federal-aid highways and highway safety construction
programs (excluding sums not subject to any obligation
limitation) for the fiscal year.
(7) Limitation on applicability of obligation limitation.--
Notwithstanding any other provision of law, no limitation on the
total of obligations for highway safety programs under section 402
shall apply to funds transferred under this subsection to the
apportionment of a State under such section.
(Added Pub. L. 105-178, title I, Sec. 1405(a), as added Pub. L. 105-206,
title IX, Sec. 9005(a), July 22, 1998, 112 Stat. 843.)
Prior Provisions
A prior section 154, added Pub. L. 93-643, Sec. 114(a), Jan. 4,
1975, 88 Stat. 2286; amended Pub. L. 95-599, title II, Sec. 205, Nov. 6,
1978, 92 Stat. 2729; Pub. L. 97-35, title XI, Sec. 1108, Aug. 13, 1981,
95 Stat. 626; Pub. L. 100-17, title I, Sec. 174, Apr. 2, 1987, 101 Stat.
218; Pub. L. 102-240, title I, Sec. 1029(a), (b), (e), (g), Dec. 18,
1991, 105 Stat. 1968-1970, established the national maximum speed limit,
prior to repeal by Pub. L. 104-59, title II, Sec. 205(d)(1)(B), (3),
Nov. 28, 1995, 109 Stat. 577, applicable to State on 10th day following
Nov. 28, 1995, except that if legislature was not in session on such
date and chief executive officer declared before such date that
legislature was not in session and that State preferred applicability
date that was after date on which legislature would convene, applicable
to State on 60th day following date on which legislature would next
convene.
Effective Date
Section effective simultaneously with enactment of Pub. L. 105-178
and to be treated as included in Pub. L. 105-178 at time of enactment,
see section 9016 of Pub. L. 105-206, set out as an Effective Date of
1998 Amendment note under section 101 of this title.
