Page 193 TITLE 23—HIGHWAYS § 410

public comment and hold public hearings on the proposed regulations to encourage maximum citizen participation. The final regulations shall be issued, published in the Federal Register, and transmitted to Congress before February 1, 1983. To the extent such regulations relate to the making of basic grants under such

section 408, such regulations shall become effective on

the date on which they are published in the Federal

Register. To the extent such regulations relate to the

making of supplemental grants under such section 408,

such regulations shall become effective April 1, 1983,

unless before such date either House of Congress by resolution disapproves such regulations to such extent. If

such regulations are so disapproved by either House of

Congress, the Secretary shall not obligate for such supplemental grants any amount authorized to carry out

such section 408 for the fiscal year ending September

30, 1983, or any subsequent fiscal year, unless specifically authorized to do so by a statute enacted after the

date of enactment of this Act [Oct. 25, 1982].’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 157 of this title.

§ 409. Discovery and admission as evidence of

certain reports and surveys

Notwithstanding any other provision of law,

reports, surveys, schedules, lists, or data compiled or collected for the purpose of identifying,

evaluating, or planning the safety enhancement

of potential accident sites, hazardous roadway

conditions, or railway-highway crossings, pursuant to sections 130, 144, and 152 of this title or

for the purpose of developing any highway safety construction improvement project which may

be implemented utilizing Federal-aid highway

funds shall not be subject to discovery or admitted into evidence in a Federal or State court

proceeding or considered for other purposes in

any action for damages arising from any occurrence at a location mentioned or addressed in

such reports, surveys, schedules, lists, or data.

(Added Pub. L. 100–17, title I, §132(a), Apr. 2,

1987, 101 Stat. 170; amended Pub. L. 102–240, title

I, §1035(a), Dec. 18, 1991, 105 Stat. 1978; Pub. L.

104–59, title III, §323, Nov. 28, 1995, 109 Stat. 591.)

AMENDMENTS

1995—Pub. L. 104–59 inserted ‘‘or collected’’ after

‘‘data compiled’’.

1991—Pub. L. 102–240 substituted ‘‘Discovery and admission’’ for ‘‘Admission’’ in section catchline and

‘‘subject to discovery or admitted into evidence in a

Federal or State court proceeding’’ for ‘‘admitted into

evidence in Federal or State court’’ in text.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102–240 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 a note under section

104 of this title.

§ 410. Alcohol-impaired driving countermeasures

(a) GENERAL AUTHORITY.—Subject to the provisions of this section, the Secretary shall make

grants to those States which adopt and implement effective programs to reduce traffic safety

problems resulting from persons driving while

under the influence of alcohol or a controlled

substance. Such grants may only be used by recipient States to implement and enforce such

programs.

(b) MAINTENANCE OF EFFORT.—No grant may

be made to a State under this section in any fiscal year unless such State enters into such

agreements with the Secretary as the Secretary

may require to ensure that such State will

maintain its aggregate expenditures from all

other sources for alcohol traffic safety programs

at or above the average level of such expenditures in its 2 fiscal years preceding the date of

the enactment of the Intermodal Surface Transportation Efficiency Act of 1991.

(c) MAXIMUM PERIOD OF ELIGIBILITY; FEDERAL

SHARE FOR GRANTS.—No State may receive

grants under this section in more than 6 fiscal

years beginning after September 30, 1992. The

Federal share payable for any grant under this

section shall not exceed—

(1) in the first fiscal year the State receives

a grant under this section, 75 percent of the

cost of implementing and enforcing in such

fiscal year a program adopted by the State

pursuant to subsection (a);

(2) in the second fiscal year the State receives a grant under this section, 50 percent of

the cost of implementing and enforcing in

such fiscal year such program; and

(3) in the third, fourth, fifth, and sixth fiscal

years the State receives a grant under this

section, 25 percent of the cost of implementing

and enforcing in such fiscal year such program.

(d) BASIC GRANT ELIGIBILITY.—A State is eligible for a basic grant under this section in a fiscal year only if such State provides for 5 or

more of the following:

(1) Establishes an expedited driver’s license

suspension or revocation system for persons

who operate motor vehicles while under the

influence of alcohol which requires that—

(A) when a law enforcement officer has

probable cause under State law to believe a

person has committed an alcohol-related

traffic offense and such person is determined, on the basis of a chemical test, to

have been under the influence of alcohol

while operating the motor vehicle or refuses

to submit to such a test as proposed by the

officer, the officer shall serve such person

with a written notice of suspension or revocation of the driver’s license of such person

and take possession of such driver’s license;

(B) the notice of suspension or revocation

referred to in subparagraph (A) shall provide

information on the administrative procedures under which the State may suspend or

revoke in accordance with the objectives of

this section a driver’s license of a person for

operating a motor vehicle while under the

influence of alcohol and shall specify any

rights of the operator under such procedures;

(C) the State shall provide, in the administrative procedures referred to in subparagraph (B), for due process of law, including

the right to an administrative review of a

driver’s license suspension or revocation;

(D) after serving notice and taking possession of a driver’s license in accordance with

subparagraph (A), the law enforcement officer immediately shall report to the State

entity responsible for administering drivers’

licenses all information relevant to the action taken in accordance with this clause;