Title 23--HIGHWAYS
Chapter II--NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND FEDERAL


Subpart A_General Sec. 1200.1 Purpose. 1200.2 Applicability. 1200.3 Definitions. Subpart...


[Code of Federal Regulations] [Title 23, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 23CFR1200.2] [Page 445] TITLE 23--HIGHWAYS CHAPTER II--NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 1200_UNIFORM PROCEDURES FOR STATE HIGHWAY SAFETY PROGRAMS--Table of Contents Subpart A_General Sec. 1200.2 Applicability. The provisions of this part apply to highway safety programs conducted by States under 23 U.S.C. 402. ...


As used in this subchapter-- Approving Official means a Regional Administrator of the National Highway Traffic Safety Administration, with the concurrence of...


Program Sec. 1200.10 Application. Each fiscal year, a State's application for funds for its highway safety program shall...


Program Sec. 1200.11 Special funding conditions. The State's highway safety program under Section 402 shall be subject to...


Program Sec. 1200.12 Due date. Three copies of the application documents identified in Sec. 1200.10 of this part must be received...


Program Sec. 1200.13 Approval. (a) Upon receipt of application documents complying with the provisions of Sec. 1200.10 and Sec....


Program Sec. 1200.14 Apportionment and obligation of Federal funds. (a) Except as provided in paragraph (b) of this section, on...


1200.20 General. Except as otherwise provided in this subpart and subject to the provisions herein, the requirements of 49 CFR part 18 and applicable...


1200.21 Equipment. (a) Title. Except as provided in paragraphs (e) and (f) of this section, title to equipment acquired under the Section 402 program...


1200.22 Changes. States shall provide documentary evidence of any reallocation of funds between program areas by submitting to the NHTSA regional office...


1200.23 Vouchers and project agreements. Each State shall submit official vouchers for total expenses incurred to the Approving Official. Copies of the...


1200.24 Program income. (a) Inclusions. Program income includes income from fees for services performed, from the use or rental of real or personal...


1200.25 Improvement plan. If a review of the Annual Report required under Sec. 1200.33 of this part or of other relevant information indicates little or...


1200.26 Non-compliance. Where a State is found to be in non-compliance with the requirements of the Section 402 program or with applicable law, the...


1200.27 Appeals. Review of any written decision by an Approving Official under this part may be obtained by submitting a written appeal of such decision,...


the right to incur costs. Unless extended in accordance with the provisions of Sec. 1200.31 of this part, the right to incur costs under Section 402 expires on...


the right to incur costs. Upon written request by the State, specifying the reasons therefor, the Approving Official may extend the right to incur costs for...


Each State shall submit a final voucher which satisfies the requirements of Sec. 1200.23(a) of this part within 90 days after the expiration of each fiscal...


Within 90 days after the end of the fiscal year, each State shall submit an Annual Report. This report shall describe: (a) The State's progress in meeting...


unexpended balances. Any funds which remain unexpended after final reconciliation shall be carried forward, credited to the State's highway safety account for...


The closeout of a highway safety program in a fiscal year does not affect the ability of NHTSA or FHWA to disallow costs and recover funds on the basis...


The following provisions shall have continuing applicability, notwithstanding the closeout of a highway safety program in a fiscal year: (a)...


Identification of National Priority Program Areas. 1205.4 Funding requirements. Authority: 23 U.S.C. 402; delegations of authority at 49 CFR...


national highway safety priorities and establish program areas within which highway safety programs developed by the states would be eligible to receive...


(a) Under statutory provisions administered by NHTSA, the following NHTSA-administered highway safety program areas have been identified as encompassing a major highway...


available under 23 U.S.C. 402 to support projects and activities within-- (a) Any National priority program area identified in Sec. 1205.3 of this part; or (b)...


Purpose. 1206.3 Definitions. 1206.4 Sanctions. 1206.5 Review process. Authority: 23 U.S.C. 402; delegation of authority at 49 CFR 1.48...


this part is to prescribe procedures for determining whether and the extent to which the 23 U.S.C. 402 sanctions should be invoked, and to ensure that, should sanctions be...


this part: (a) Administrators means the Administrators of the Federal Highway Administration and the National Highway Traffic Safety Administration. (b) Highway...


shall not apportion any funds under 23 U.S.C. 402 to any State which is not implementing a highway safety program. (b) If the Administrators have apportioned funds to...


(a) In any fiscal year, if the Administrators determine, based on a preliminary review, that a State is not implementing a highway safety program in accordance with 23 U.S.C. 402,...


Adoption of National Minimum Drinking Age. 1208.5 Unavailability of withheld funds. 1208.6 Procedures affecting States in noncompliance. Authority:...


must have incorporated into its laws in order to prevent the withholding of Federal-aid highway funds for noncompliance with the National Minimum...


spirits and wine containing one-half of one percent or more of alcohol by volume. Beer includes, but is not limited to, ale, lager, porter, stout, sake, and other...


percent of the amount required to be apportioned to any State under each of Sec. Sec. 104(b)(1), 104(b)(2), 104(b)(5) and 104(b)(6) of title 23 U.S.C. on the first day of...


[Code of Federal Regulations] [Title 23, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 23CFR1208.5] [Page 454] TITLE 23--HIGHWAYS CHAPTER II--NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 1208_NATIONAL MINIMUM DRINKING AGE--Table of Contents Sec. 1208.5 Unavailability of withheld funds. Funds withheld under Sec. 1208.4 from apportionment to any State will not be available for apportionment to the State. [60 FR 66076, Dec. 21, 1995] [[Page 455]] ...


determined to be in noncompliance with the National Minimum Drinking Age, based on NHTSA's and FHWA's preliminary review of its statutes for compliance or non-compliance,...


Definitions. 1210.4 Adoption of zero tolerance law. 1210.5 Certification requirements. 1210.6 Period of availability of withheld funds. 1210.7 Apportionment...


[Code of Federal Regulations] [Title 23, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 23CFR1210.2] [Page 455] TITLE 23--HIGHWAYS CHAPTER II--NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 1210_OPERATION OF MOTOR VEHICLES BY INTOXICATED MINORS--Table of Contents Sec. 1210.2 Purpose. The purpose of this part is to specify the steps that States must take to avoid the withholding of Federal-aid highway funds for noncompliance with 23 U.S.C. 161. ...


means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. (b) BAC means either blood or breath...


withhold five percent of the amount required to be apportioned to any State under each of sections 104(b)(1), 104(b)(3) and 104(b)(5) of title 23, United States Code, on the...


to be in compliance with the requirements of 23 U.S.C. 161, to avoid the withholding of funds in any fiscal year, beginning with FY 1999, the State shall certify to...


under Sec. 1210.4 from apportionment to any State on or before September 30, 2000, will remain available for apportionment until the end of the third fiscal year following...


from a State from apportionment under Sec. 1210.4, which remain available for apportionment under Sec. 1210.6(a), will be made available to the State if it conforms to...


Funds apportioned pursuant to Sec. 1210.7 will remain available for expenditure until the end of the third fiscal year following the fiscal year in which the funds...


of 23 U.S.C. 161 and this part at the end of the period for which funds withheld under Sec. 1210.4 are available for apportionment to a State under Sec. 1210.6, then...


(a) Each fiscal year, each State determined to be in noncompliance with 23 U.S.C. 161 and this part, based on NHTSA's and FHWA's preliminary review of its law, will be advised of the...


Purpose. 1215.3 Definitions. 1215.4 Compliance criteria. 1215.5 Exemptions. 1215.6 Review and notification of compliance status. 1215.7 Transfer...


which a State must incorporate into its safety belt law to prevent the transfer of a portion of its Federal-aid highway funds to the section 402 highway safety...


FHWA means the Federal Highway Administration. Motor vehicle means any vehicle driven or drawn by mechanical power manufactured primarily for use on public highways,...


provided in paragraphs (c) or (d) of this section, in order to avoid the transfer or reservation (as applicable) specified in Sec. 1215.7, a State must have and continue in effect...


exempting persons with medical excuses, persons in emergency vehicles, persons in the custody of police, persons in public and livery conveyances, persons in parade vehicles,...


Review of each State's laws and notification of compliance status shall occur each fiscal year, in accordance with the following procedures: (a) NHTSA and FHWA...


provided in paragraph (b) of this section, if at any time in a fiscal year beginning after September 30, 1994, a State does not have in effect a law described in Sec. 1215.4(a),...


transferred under Sec. 1215.7 may be used for approved projects in any section 402 program area. (b) Any funds transferred under Sec. 1215.7 shall not be subject to...


Definitions. 1225.4 Adoption of 0.08 BAC per se law. 1225.5 General requirements for incentive grant program. 1225.6 Award procedures for incentive...


that States must take to qualify for incentive grant funds in accordance with 23 U.S.C. 163; and the steps that States must take to avoid the withholding of funds as...


concentration means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. (b) ALR means either administrative license revocation...


withholding of funds as specified in Sec. 1225.8 of this part, and to qualify for an incentive grant under Sec. 1225.5 of this part, a State must demonstrate that it has enacted and...


(a) Certification requirements. (1) To qualify for a first-year grant under 23 U.S.C. 163, a State must submit a certification by an appropriate State official, that the State...


each Federal fiscal year, grant funds will be apportioned to eligible States upon submission and approval of the documentation required by Sec. 1225.5(a) and subject to the...


(a) Beginning with FY 2004, to avoid the withholding of funds, each State shall certify to the Secretary of Transportation, before the last day of the previous fiscal year, that it...


year 2004, the Secretary shall withhold 2 percent of the amount required to be apportioned for Federal-aid highways to any State under each of paragraphs (1), (3), and (4)...


meets the requirements of 23 U.S.C. 163 and Sec. 1225.4 of this part within 4 years from the date that a State's apportionment is reduced under Sec. 1225.8, the apportionment...


If a State has not met the requirements of 23 U.S.C. 163 and Sec. 1225.4 of this part by October 1, 2007, the funds withheld under Sec. 1225.8 shall begin to lapse and will no longer...


NHTSA and FHWA will notify States of their compliance or noncompliance with the statutory and regulatory requirements of 23 U.S.C. 163 and this part, based on a review...


fiscal year, each State determined to be in noncompliance with 23 U.S.C. 163 and this part, based on NHTSA and FHWA's preliminary review of its certification, will be advised of...


Special license plates. 1235.4 Removable windshield placards. 1235.5 Temporary removable windshield placards. 1235.6 Parking. 1235.7...


follows: (a) International Symbol of Access means the symbol adopted by Rehabilitation International in 1969 at its Eleventh World Congress on Rehabilitation of...


a person with a disability which limits or impairs the ability to walk, each State shall issue special license plates for the vehicle which is registered in the applicant's name....


shall provide for the issuance and periodic renewal of a removable windshield placard, upon [[Page 465]] the application of a person with a disability which...


State system shall provide for the issuance of a temporary removable windshield placard, upon the application of a person with a disability which limits or impairs the ability to...


or temporary removable windshield placards displaying the International Symbol of Access shall be the only recognized means of identifying vehicles permitted...


(a) Each State shall establish design, construction, and designation standards for parking spaces reserved for persons with disabilities, under criteria to be determined by...


windshield placards, temporary removable windshield placards and special license plates which have been issued by issuing authorities of other States and countries,...


Sec. 1240.1 Purpose. Subpart A_General Sec. 1240.1 Purpose. 1240.2...


Sec. 1240.2 Applicability. These procedures apply to all allocations of funds to States, based on seat belt use rates, beginning with allocations for...


Sec. 1240.3 Definitions. As used in this part-- Base seat belt use rate means the highest State seat belt use rate for the State for any calendar...


Allocations Sec. 1240.10 Identification of eligible States. (a) On or about September 1, 1998, and each September 1 thereafter, NHTSA will identify,...


Allocations Sec. 1240.11 Determination of State seat belt use rate for calendar years 1996 and 1997. (a) Review of State-submitted information. NHTSA...


Allocations Sec. 1240.12 Determination of State seat belt use rate for calendar year 1998 and beyond. (a) State seat belt use survey. (1)...


Allocations Sec. 1240.13 Determination of national average seat belt use rate. The national average seat belt use rate for a calendar year shall be the sum...


Allocations Sec. 1240.14 Determination of Federal medical savings and notification of proposed allocations. On or about September 1, 1998, and each September...


Allocations Sec. 1240.15 Allocations. (a) Funds allocated under this part shall be available for any projects eligible for assistance under title 23,...


Purpose. 1250.3 Policy. 1250.4 Determining local share. 1250.5 Waivers. Authority: 23 U.S.C. 315, 402(b); and delegations of authority at 49...


is to provide guidelines to determine whether a State is in compliance with the requirement that at least 40 percent of all Federal funds apportioned under 23 U.S.C. 402 will...


of 23 U.S.C. 402(b)(1)(C) are complied with, the NHTSA and FHWA field offices will: (a) Prior to approving the State's Annual Work Program (AWP), review the AWP and...


(a) In determining whether a State meets the requirement that at least 40 percent of Federal 402 funds be expended by political subdivisions, FHWA and NHTSA will apply the 40...


may be waived in whole or in part by the Secretary or his delegate, it is expected that each State program will generate political subdivision participation to the...


Functions. Authority: 23 U.S.C. 402; 23 U.S.C. 315; 49 CFR 1.48 and 1.50. Source: 45 FR 59145, Sept. 8, 1980, unless otherwise noted. ...


Governor shall exercise his or her responsibilities through a State Highway Safety Agency that has ``adequate powers and is suitably equipped and organized to carry out...


(a) Develop and implement a process for obtaining information about the highway safety programs administered by other State and local agencies. (b) Periodically review...


the Highway Safety Plan prescribed by volume 102 of the Highway Safety Program Manual (23 CFR 1204.4, Supplement B), based on evaluation of highway accidents and safety...


Applicability. 1252.4 Policy. 1252.5 Procedures. 1252.6 Responsibilities. Authority: 23 U.S.C. 402 and 315; 49 CFR 1.48(b) and 1.50. ...


beginning each October 1, and ending the following September 30. (b) Direct costs are those costs which can be identified specifically with a particular planning...


[Code of Federal Regulations] [Title 23, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 23CFR1252.3] [Page 478] TITLE 23--HIGHWAYS CHAPTER II--NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 1252_STATE MATCHING OF PLANNING AND ADMINISTRATION COSTS--Table of Contents Sec. 1252.3 Applicability. The provisions of this part apply to obligations incurred after November 6, 1978, for planning and administration costs under 23 U.S.C. 402. ...


exceed 50 percent of the total cost of such activities, or the applicable sliding scale rate in accordance with 23 U.S.C. 120. The Federal contribution for P&A...


described in the P&A module of the State's Highway Safety Plan. The State's matching share shall be determined on the basis of the total P&A costs in the module....


process, the responsible FHWA and NHTSA officials shall approve a P&A module only if the projected State expenditure is at least 25 percent (or the appropriate sliding...


criteria. 1270.5 Certification requirements. 1270.6 Transfer of funds. 1270.7 Use of transferred funds. 1270.8 Procedures affecting States...


[Code of Federal Regulations] [Title 23, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 23CFR1270.2] [Page 480] TITLE 23--HIGHWAYS CHAPTER II--NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 1270_OPEN CONTAINER LAWS--Table of Contents Sec. 1270.2 Purpose. The purpose of this part is to specify the steps that States must take to avoid the transfer of Federal-aid highway funds for noncompliance with 23 U.S.C. 154. ...


Beer, ale, porter, stout, and other similar fermented beverages (including sake or similar products) of any name or description containing one-half of 1 percent or more of alcohol...


of this part, a State must enact and enforce a law that prohibits the possession of any open alcoholic beverage container, and the consumption of any alcoholic beverage, in...


after a State has been determined to be in non-compliance, with the requirements of 23 U.S.C. 154, to avoid the transfer of funds in any fiscal year, beginning with FY...


have in effect or is not enforcing the law described in Sec. 1270.4, the Secretary shall transfer an amount equal to 1\1/2\ percent of the funds apportioned to the State...


(1) Be used for approved projects for alcohol-impaired driving countermeasures; or (2) Be directed to State and local law enforcement agencies for enforcement of laws...


to be in noncompliance with 23 U.S.C. 154 and this part, based on NHTSA's and FHWA's preliminary review of its certification, will be advised of the funds expected to...


Compliance criteria. 1275.5 Certification requirements. 1275.6 Transfer of funds. 1275.7 Use of transferred funds. 1275.8 Procedures affecting States...


[Code of Federal Regulations] [Title 23, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 23CFR1275.2] [Page 483] TITLE 23--HIGHWAYS CHAPTER II--NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 1275_REPEAT INTOXICATED DRIVER LAWS--Table of Contents Sec. 1275.2 Purpose. The purpose of this part is to specify the steps that States must take to avoid the transfer of Federal-aid highway funds for noncompliance with 23 U.S.C. 164. ...


grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. (b) Driver's motor vehicle means a motor vehicle with a title or registration...


1275.6 of this part, a State must enact and enforce a law that establishes, as a minimum penalty, that all repeat intoxicated drivers shall: (1) Receive a driver's...


be in compliance, or after a State has been determined to be in non-compliance, with the requirements of 23 U.S.C. 164, to avoid the transfer of funds in any fiscal year,...


not have in effect or is not enforcing the law described in Sec. 1275.4, the Secretary shall transfer an amount equal to 1\1/2\ percent of the funds apportioned to the...


(1) Be used for approved projects for alcohol-impaired driving countermeasures; or (2) Be directed to State and local law enforcement agencies for enforcement...


determined to be in noncompliance with 23 U.S.C. 164 and this part, based on NHTSA's and FHWA's preliminary review of its certification, will be advised of the funds...




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