DOT 23 CFR PART 1206-2011 RULES OF PROCEDURE FOR INVOKING SANCTIONS UNDER THE HIGHWAY SAFETY ACT OF 1966.pdf

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1、511 NHTSA and FHWA, DOT 1206.5 PART 1206RULES OF PROCEDURE FOR INVOKING SANCTIONS UNDER THE HIGHWAY SAFETY ACT OF 1966 Sec. 1206.1 Scope. 1206.2 Purpose. 1206.3 Definitions. 1206.4 Sanctions. 1206.5 Review process. AUTHORITY: 23 U.S.C. 402; delegation of au-thority at 49 CFR 1.48 and 1.50. SOURCE: 6

2、1 FR 28747, June 6, 1996, unless otherwise noted. 1206.1 Scope. This part establishes procedures gov-erning determinations to invoke the sanctions applicable to any State that does not comply with the highway safe-ty program requirements in the High-way Safety Act of 1966, as amended (23 U.S.C. 402)

3、. 1206.2 Purpose. The purpose of this part is to pre-scribe 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 proposed to be invoked against a State, the State has a full and fair oppor-tunity to be heard

4、 on the issues in-volved. 1206.3 Definitions. As used in this part: (a) Administrators means the Adminis-trators of the Federal Highway Admin-istration and the National Highway Traffic Safety Administration. (b) Highway safety program means an approved program in accordance with 23 U.S.C. 402, which

5、 is designed by a State to reduce traffic accidents, and death, injuries and property damage re-sulting therefrom. (c) Implementing means both having and putting into effect an approved highway safety program. 1206.4 Sanctions. (a) The Administrators shall not ap-portion any funds under 23 U.S.C. 40

6、2 to any State which is not implementing a highway safety program. (b) If the Administrators have appor-tioned funds to a State and subse-quently determine that the State is not implementing a highway safety program, the Administrators shall re-duce the funds apportioned under 23 U.S.C. 402 to the S

7、tate by amounts equal to not less than 50 per centum, until such time as the Administrators determine that the State is imple-menting a highway safety program. (c) The Administrators shall consider the gravity of the States failure to im-plement a highway safety program in determining the amount of

8、the reduc-tion. (d) If the Administrators determine that a State has begun implementing a highway safety program before the end of the fiscal year for which the funds were withheld, they shall promptly ap-portion to the State the funds withheld from its apportionment. (e) If the Administrators deter

9、mine that the State did not correct its fail-ure before the end of the fiscal year for which the funds were withheld, the Ad-ministrators shall reapportion the withheld funds to the other States, in accordance with the formula specified in 23 U.S.C. 402(c), not later than 30 days after such determin

10、ation. 1206.5 Review process. (a) In any fiscal year, if the Adminis-trators determine, based on a prelimi-nary review, that a State is not imple-menting a highway safety program in accordance with 23 U.S.C. 402, the Ad-ministrators shall issue jointly to the State an advance notice, advising the St

11、ate that the Administrators expect to either withhold funds from appor-tionment under 23 U.S.C. 402, or reduce the States apportioned funds under 23 U.S.C. 402. The Administrators shall state the amount of the expected with-holding or reduction. The advance no-tice will normally be sent not later th

12、an ninety days prior to final appor-tionment. (b) If the Administrators issue an ad-vance notice to a State, based on a pre-liminary review, the State may, within 30 days of its receipt of the advance no-tice, submit documentation dem-onstrating that it is implementing a VerDate Mar2010 09:39 May 11

13、, 2011 Jkt 223076 PO 00000 Frm 00521 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-512 23 CFR Ch. II (4111 Edition) Pt. 1208 highway safety program. Documenta-tion shall be

14、 submitted to the Adminis-trator for NHTSA, 1200 New Jersey Av-enue, SE., Washington, D.C. 20590. (c) If the Administrators decide, after reviewing all relevant information, that a State is not implementing a highway safety program in accordance with 23 U.S.C. 402, they shall issue a final notice, a

15、dvising the State either of the funds being withheld from appor-tionment under 23 U.S.C. 402, or of the apportioned funds being reduced under 23 U.S.C. 402 and the amount of the withholding or reduction. The final no-tice of a withholding will normally be issued on October 1. The final notice of a r

16、eduction will be issued at the time of a final decision. 61 FR 28747, June 6, 1996, as amended at 74 28442, June 16, 2009 PART 1208NATIONAL MINIMUM DRINKING AGE Sec. 1208.1 Scope. 1208.2 Purpose. 1208.3 Definitions. 1208.4 Adoption of National Minimum Drinking Age. 1208.5 Unavailability of withheld

17、funds. 1208.6 Procedures affecting States in non-compliance. AUTHORITY: 23 U.S.C. 158; delegation of au-thority at 49 CFR 1.48 and 1.50. SOURCE: 51 FR 10380, Mar. 26, 1986, unless otherwise noted. 1208.1 Scope. This part prescribes the requirements necessary to implement 23 U.S.C. 158, which establi

18、shes the National Min-imum Drinking Age. 1208.2 Purpose. The purpose of this part is to clarify the provisions which a State must have incorporated into its laws in order to prevent the withholding of Federal-aid highway funds for noncompliance with the National Minimum Drinking Age. 1208.3 Definiti

19、ons. As used in this part: Alcoholic beverage means beer, dis-tilled 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 similar fermented bev-erages brewed or produced from malt, wholly o

20、r in part or from any sub-stitute therefor. Distilled spirits in-clude alcohol, ethanol or spirits or wine in any form, including all dilu-tions and mixtures thereof from what-ever process produced. Public possession means the posses-sion of any alcoholic beverage for any reason, including consumpti

21、on on any street or highway or in any public place or in any place open to the public (including a club which is de facto open to the public). The term does not apply to the possession of alcohol for an es-tablished religious purpose; when ac-companied by a parent, spouse or legal guardian age 21 or

22、 older; for medical purposes when prescribed or adminis-tered by a licensed physician, phar-macist, dentist, nurse, hospital or med-ical institution; in private clubs or es-tablishments; or to the sale, handling, transport, or service in dispensing of any alcoholic beverage pursuant to lawful employ

23、ment of a person under the age of twenty-one years by a duly licensed manufacturer, wholesaler, or retailer of alcoholic beverages. Purchase means to acquire by the payment of money or other consider-ation. 1208.4 Adoption of National Min-imum Drinking Age. The Secretary shall withhold ten per-cent

24、of the amount required to be ap-portioned to any State under each of 104(b)(1), 104(b)(2), 104(b)(5) and 104(b)(6) of title 23 U.S.C. on the first day of each fiscal year in which the purchase or public possession in such State of any alcoholic beverage by a person who is less than twenty-one years

25、of age is lawful. 60 FR 66076, Dec. 21, 1995 1208.5 Unavailability of withheld funds. Funds withheld under 1208.4 from apportionment to any State will not be available for apportionment to the State. 60 FR 66076, Dec. 21, 1995 VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00522 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-