Page 131 TITLE 23—HIGHWAYS § 153

of such locations, sections, and elements, and

establish and implement a schedule of projects

for their improvement.

(b) The Secretary may approve as a project

under this section any highway safety improvement project.

(c) Funds authorized to carry out this section

shall be available for expenditure on any public

road (other than a highway on the Interstate

System).

(d) The Federal share payable on account of

any project under this section shall be 90 percent of the cost thereof.

(e) Funds authorized to be appropriated to

carry out this section shall be apportioned to

the States as provided in section 402(c) of this

title. Such funds shall be available for obligation in the same manner and to the same extent

as if such funds were apportioned under section

104(b)(1), except that the Secretary is authorized

to waive provisions he deems inconsistent with

the purposes of this section.

(f) Each State shall establish an evaluation

process approved by the Secretary, to analyze

and assess results achieved by highway safety

improvement projects carried out in accordance

with procedures and criteria established by this

section. Such evaluation process shall develop

cost-benefit data for various types of corrections

and treatments which shall be used in setting

priorities for highway safety improvement

projects.

(g) Each State shall report to the Secretary of

Transportation not later than December 30 of

each year, on the progress being made to implement highway safety improvement projects for

hazard elimination and the effectiveness of such

improvements. Each State report shall contain

an assessment of the cost of, and safety benefits

derived from, the various means and methods

used to mitigate or eliminate hazards and the

previous and subsequent accident experience at

these locations. The Secretary of Transportation shall submit a report to the Committee

on Environment and Public Works of the Senate

and the Committee on Transportation and Infrastructure of the House of Representatives not

later than April 1 of each year on the progress

being made by the States in implementing the

hazard elimination program (including but not

limited to any projects for pavement marking).

The report shall include, but not be limited to,

the number of projects undertaken, their distribution by cost range, road system, means and

methods used, and the previous and subsequent

accident experience at improved locations. In

addition, the Secretary’s report shall analyze

and evaluate each State program, identify any

State found not to be in compliance with the

schedule of improvements required by subsection (a) and include recommendations for future implementation of the hazard elimination

program.

(h) For the purposes of this section the term

‘‘State’’ shall have the meaning given it in section 401 of this title.

(Added Pub. L. 93–87, title II, §209(a), Aug. 13,

1973, 87 Stat. 286; amended Pub. L. 94–280, title I,

§131, May 5, 1976, 90 Stat. 441; Pub. L. 95–599,

title I, §168(a), Nov. 6, 1978, 92 Stat. 2722; Pub. L.

96–106, §10(b), Nov. 9, 1979, 93 Stat. 798; Pub. L.

97–375, title II, §210(b), Dec. 21, 1982, 96 Stat. 1826;

Pub. L. 97–424, title I, §125, Jan. 6, 1983, 96 Stat.

2113; Pub. L. 100–17, title I, §133(b)(12), Apr. 2,

1987, 101 Stat. 172; Pub. L. 104–59, title III,

§325(c), Nov. 28, 1995, 109 Stat. 592.)

AMENDMENTS

1995—Subsec. (g). Pub. L. 104–59 substituted ‘‘Committee on Transportation and Infrastructure’’ for ‘‘Committee on Public Works and Transportation’’.

1987—Subsec. (g). Pub. L. 100–17 substituted ‘‘the

Committee on Environment and Public Works of the

Senate and the Committee on Public Works and Transportation of the House of Representatives’’ for ‘‘the

Congress’’.

1983—Subsec. (c). Pub. L. 97–424 substituted provision

that funds authorized to carry out this section shall be

available for expenditure on any public road (other

than a highway on the Interstate System), for provision that funds authorized to carry out this section

would be available solely for expenditure for projects

on any Federal-aid system (other than the Interstate

System) except in the Virgin Islands, Guam, and American Samoa.

1982—Subsec. (g). Pub. L. 97–375 inserted ‘‘(including

but not limited to any projects for pavement marking)’’ after ‘‘implementing the hazard elimination program’’.

1979—Subsec. (g). Pub. L. 96–106 substituted ‘‘December 30’’ for ‘‘September 30’’ and ‘‘April 1’’ for ‘‘January

1’’.

1978—Subsec. (a). Pub. L. 95–599 substituted ‘‘public

roads’’ for ‘‘highways’’ and inserted provisions relating

to identification of hazardous sections and elements.

Subsec. (b). Pub. L. 95–599 substituted provisions relating to approval of highway safety improvement projects by the Secretary for provisions authorizing appropriations for fiscal years ending June 30, 1974 through

June 30, 1976.

Subsec. (c). Pub. L. 95–599 reenacted subsec. (c) without substantive change.

Subsec. (d). Pub. L. 95–599 substituted provisions prescribing the Federal share payable on account of any

project under this section for provisions relating to apportionment of funds made available under subsec. (b)

to the States. See subsec. (e) of this section.

Subsec. (e). Pub. L. 95–599 substituted provisions relating to apportionment of funds to the States under

this section for provisions relating to progress reports

required of the States under this section. See subsec.

(g).

Subsecs. (f) to (h). Pub. L. 95–599 added subsecs. (f)

and (g) and redesignated former subsec. (f) as (h).

1976—Subsec. (f). Pub. L. 94–280 added subsec. (f).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 104, 133, 157, 307,

409 of this title.

§ 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 im-
§ 153 TITLE 23—HIGHWAYS Page 132

plement 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 11

⁄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.
Page 133 TITLE 23—HIGHWAYS [§ 154

1See References in Text note below.

(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.

(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, §1031(a)(1), Dec.

18, 1991, 105 Stat. 1970; amended Pub. L. 104–59,

title II, §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, §205(d)(1)(B),

Nov. 28, 1995, 109 Stat. 577.

PRIOR PROVISIONS

A prior section 153, added Pub. L. 93–87, title II,

§210(a), Aug. 13, 1973, 87 Stat. 287; amended Pub. L.

94–280, title I, §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, §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.

[§ 154. Repealed. Pub. L. 104–59, title II,

§ 205(d)(1)(B), Nov. 28, 1995, 109 Stat. 577]

Section, added Pub. L. 93–643, §114(a), Jan. 4, 1975, 88

Stat. 2286; amended Pub. L. 95–599, title II, §205, Nov. 6,

1978, 92 Stat. 2729; Pub. L. 97–35, title XI, §1108, Aug. 13,

1981, 95 Stat. 626; Pub. L. 100–17, title I, §174, Apr. 2,

1987, 101 Stat. 218; Pub. L. 102–240, title I, §1029(a), (b),

(e), (g), Dec. 18, 1991, 105 Stat. 1968–1970, established the

national maximum speed limit.

EFFECTIVE DATE OF REPEAL

Repeal applicable to State on 10th day following Nov.

28, 1995, except that if legislature of State is not in session on such date and chief executive officer of State

declares, before such 10th day, that legislature is not in

session and that State prefers applicability date that is

after date on which legislature will convene, repeal applicable to State on 60th day following date on which

legislature next convenes, see section 205(d)(3) of Pub.

L. 104–59, set out as an Effective Date of 1995 Amendment note under section 141 of this title.

STUDY OF COSTS AND BENEFITS TO STATES FROM

REPEAL OF MAXIMUM SPEED LIMIT

Pub. L. 104–59, title III, §347, Nov. 28, 1995, 109 Stat.

616, provided that: ‘‘Not later than September 30, 1997,

the Secretary, in cooperation with any State which

raises any speed limit in such State to a level above the