|
U.S. Code as of:
01/19/04
Section 405. Occupant protection incentive grants
(a) General Authority. -
(1) Authority to make grants. - Subject to the requirements of
this section, the Secretary shall make grants under this section
to States that adopt and implement effective programs to reduce
highway deaths and injuries resulting from individuals riding
unrestrained or improperly restrained in motor vehicles. Such
grants may be used by recipient States only to implement and
enforce, as appropriate, such programs.
(2) Maintenance of effort. - No grant may 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 programs described in
paragraph (1) at or above the average level of such expenditures
in its 2 fiscal years preceding the date of enactment of the
Transportation Equity Act for the 21st Century.
(3) Maximum period of eligibility. - No State may receive
grants under this section in more than 6 fiscal years beginning
after September 30, 1997.
(4) Federal share. - The Federal share of the cost of
implementing and enforcing, as appropriate, in a fiscal year a
program adopted by a State pursuant to paragraph (1) shall not
exceed -
(A) in each of the first and second fiscal years in which the
State receives a grant under this section, 75 percent;
(B) in each of the third and fourth fiscal years in which the
State receives a grant under this section, 50 percent; and
(C) in each of the fifth and sixth fiscal years in which the
State receives a grant under this section, 25 percent.
(b) Grant Eligibility. - A State shall become eligible for a
grant under this section by adopting or demonstrating to the
satisfaction of the Secretary at least 4 of the following:
(1) Safety belt use law. - The State has in effect a safety
belt use law that makes unlawful throughout the State the
operation of a passenger motor vehicle whenever an individual
(other than a child who is secured in a child restraint system)
in the front seat of the vehicle (and, beginning in fiscal year
2001, in any seat in the vehicle) does not have a safety belt
properly secured about the individual's body.
(2) Primary safety belt use law. - The State provides for
primary enforcement of the safety belt use law of the State.
(3) Minimum fine or penalty points. - The State imposes a
minimum fine or provides for the imposition of penalty points
against the driver's license of an individual -
(A) for a violation of the safety belt use law of the State;
and
(B) for a violation of the child passenger protection law of
the State.
(4) Special traffic enforcement program. - The State has
implemented a statewide special traffic enforcement program for
occupant protection that emphasizes publicity for the program.
(5) Child passenger protection education program. - The State
has implemented a statewide comprehensive child passenger
protection education program that includes education programs
about proper seating positions for children in air bag equipped
motor vehicles and instruction on how to reduce the improper use
of child restraint systems.
(6) Child passenger protection law. - The State has in effect a
law that requires minors who are riding in a passenger motor
vehicle to be properly secured in a child safety seat or other
appropriate restraint system.
(c) Grant Amounts. - The amount of a grant for which a State
qualifies under this section for a fiscal year shall equal up to 25
percent of the amount apportioned to the State for fiscal year 1997
under section 402.
(d) Administrative Expenses. - 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.
(e) Applicability of Chapter 1. - The provisions contained in
section 402(d) shall apply to this section.
(f) Definitions. - In this section, the following definitions
apply:
(1) Child safety seat. - The term "child safety seat" means any
device (except safety belts) designed for use in a motor vehicle
to restrain, seat, or position a child who weighs 50 pounds or
less.
(2) Motor vehicle. - The term "motor vehicle" means a vehicle
driven or drawn by mechanical power and manufactured primarily
for use on public streets, roads, and highways, but does not
include a vehicle operated only on a rail line.
(3) Multipurpose passenger vehicle. - The term "multipurpose
passenger vehicle" means a motor vehicle with motive power
(except a trailer), designed to carry not more than 10
individuals, that is constructed either on a truck chassis or
with special features for occasional off-road operation.
(4) Passenger car. - The term "passenger car" means a motor
vehicle with motive power (except a multipurpose passenger
vehicle, motorcycle, or trailer) designed to carry not more than
10 individuals.
(5) Passenger motor vehicle. - The term "passenger motor
vehicle" means a passenger car or a multipurpose passenger motor
vehicle.
(6) 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 and shoulder
belts.
|
|