DOT 23 CFR PART 1225-2011 OPERATION OF MOTOR VEHICLES BY INTOXICATED PERSONS.pdf

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1、517 NHTSA and FHWA, DOT 1225.3 year under 23 U.S.C. 104 (b)(1), (b)(2) and (b)(3) if the Secretary has not cer-tified, in accordance with 1215.4(d), that the State has achieved the appli-cable safety belt use rate. (c) If, at the end of a fiscal year in which the funds are reserved for New Hampshire

2、 or Maine under paragraph (b) of this section, the Secretary has not certified that the State achieved the applicable safety belt use rate, the Secretary shall transfer the funds re-served from the State to the apportion-ment of the State under 23 U.S.C. 402. (d) Any obligation limitation exist-ing

3、on transferred funds prior to the transfer will apply, proportionately, to those funds after transfer. 61 FR 28749, June 6, 1996 1215.8 Use of transferred funds. (a) Any funds transferred under 1215.7 may be used for approved projects in any section 402 program area. (b) Any funds transferred under

4、1215.7 shall not be subject to Federal earmarking of any amounts or percent-ages for specific program activities. (c) The Federal share of the cost of any project carried out under section 402 with the transferred funds shall be 100 percent. (d) In the event of a transfer of funds under 1215.7, the

5、40 percent political subdivision participation in State high-way safety programs and the 10 percent limitation on the Federal contribution for Planning and Administration ac-tivities carried out under section 402 shall be based upon the sum of the funds transferred and amounts other-wise available f

6、or expenditure under section 402. PART 1225OPERATION OF MOTOR VEHICLES BY INTOXI-CATED PERSONS Sec. 1225.1 Scope. 1225.2 Purpose. 1225.3 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 grant program.

7、1225.7 Certification requirements for sanc-tion program. 1225.8 Funds withheld from apportionment. 1225.9 Period of availability of withheld funds. 1225.10 Apportionment of withheld funds after compliance. 1225.11 Notification of compliance. 1225.12 Procedures affecting States in non-compliance. APP

8、ENDIX A TO PART 1225EFFECTS OF THE 0.08 BAC SANCTION PROGRAM ON NON-COM-PLYING STATES AUTHORITY: 23 U.S.C. 163; sec. 351, Pub. L. 106346Appendix, 114 Stat. 1356A34, 35; del-egation of authority at 49 CFR 1.48 and 1.50. SOURCE: 68 FR 50708, Aug. 22, 2003, unless otherwise noted. 1225.1 Scope. This pa

9、rt prescribes the requirements necessary to implement 23 U.S.C. 163, which encourages States to enact and enforce 0.08 BAC per se laws through the use of incentive grants and Section 351 of Public Law 106346Appendix, which requires the withholding of Fed-eral-aid highway funds from any State that ha

10、s not enacted and is not enforc-ing a 0.08 BAC per se law as described in 23 U.S.C. 163. 1225.2 Purpose. The purpose of this part is to specify the steps that States must take to qualify for incentive grant funds in ac-cordance with 23 U.S.C. 163; and the steps that States must take to avoid the wit

11、hholding of funds as required by Section 351 of Public Law 106346Ap-pendix. 1225.3 Definitions. As used in this part: (a) Alcohol 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 revocat

12、ion or administrative li-cense suspension. (c) BAC means either blood or breath alcohol concentration. (d) BAC per se law means a law that makes it an offense, in and of itself, to operate a motor vehicle with an alco-hol concentration at or above a speci-fied level. (e) Citations to State law means

13、 cita-tions to all sections of the States law VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00527 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-518 23 CFR Ch.

14、II (4111 Edition) 1225.4 relied on to demonstrate compliance with 23 U.S.C. 163, including all appli-cable definitions and provisions of the States criminal code and, if the State has an ALR law, all applicable provi-sions of the States ALR law. (f) Has enacted and is enforcing means the States law

15、is in effect and the State has begun to implement the law. (g) Operating a motor vehicle means driving or being in actual physical con-trol of a motor vehicle. (h) Standard driving while intoxicated offense means the non-BAC per se driv-ing while intoxicated offense in the State. (i) State means any

16、 one of the 50 States, the District of Columbia, or Puerto Rico. 1225.4 Adoption of 0.08 BAC per se law. In order to avoid the withholding of funds as specified in 1225.8 of this part, and to qualify for an incentive grant under 1225.5 of this part, a State must demonstrate that it has enacted and i

17、s enforcing a law that provides that any person with a blood or breath alcohol concentration (BAC) of 0.08 per-cent or greater while operating a motor vehicle in the State shall be deemed to have committed a per se of-fense of driving while intoxicated or an equivalent per se offense. The law must:

18、(a) Apply to all persons; (b) Set a BAC of not higher than 0.08 percent as the legal limit; (c) Make operating a motor vehicle by an individual at or above the legal limit a per se offense; (d) Provide for primary enforcement; (e) Apply the 0.08 BAC legal limit to the States criminal code and, if th

19、e State has an administrative license suspension or revocation (ALR) law, to its ALR law; and (f) Be deemed to be or be equivalent to the standard driving while intoxi-cated offense in the State. 1225.5 General requirements for in-centive grant program. (a) Certification requirements. (1) To qualify

20、 for a first-year grant under 23 U.S.C. 163, a State must submit a cer-tification by an appropriate State offi-cial, that the State has enacted and is enforcing a 0.08 BAC per se law that conforms to 23 U.S.C. 163 and 1225.4 of this part and that the funds will be used for eligible projects and prog

21、rams. (i) If the States 0.08 BAC per se law is currently in effect and is being en-forced, the certification shall be word-ed as follows: (Name of certifying official), (position title), of the (State or Commonwealth) of llll, do hereby certify that the (State or Com-monwealth) of lll has enacted an

22、d is en-forcing a 0.08 BAC per se law that conforms to 23 U.S.C. 163 and 23 CFR 1225.4, (citations to State law), and that the funds received by the (State or Commonwealth) of llll under 23 U.S.C. 163 will be used for projects eligible for assistance under title 23 of the United States Code, which i

23、nclude highway construction as well as highway safety projects and programs. (ii) If the States 0.08 BAC per se law is not currently in effect, but will be-come effective and be enforced before the end of the current fiscal year, the certification shall be worded as fol-lows: (Name of certifying off

24、icial), (position title), of the (State or Commonwealth) of llll, do hereby certify that the (State or Com-monwealth) of llll has enacted a 0.08 BAC per se law that conforms to 23 U.S.C. 163 and 23 CFR 1225.4, (citations to State law), and will become effective and be enforced as of (effective date

25、of the law), and that the funds received by the (State or Common-wealth) of llll under 23 U.S.C. 163 will be used for projects eligible for assistance under title 23 of the United States Code, which in-clude highway construction as well as high-way safety projects and programs. (2) To qualify for a

26、subsequent-year grant under 23 U.S.C. 163, a State must submit a certification by an appro-priate State official. (i) If the States 0.08 BAC per se law has not changed since the State last qualified for grant funds under this program, the certification shall be worded as follows: (Name of certifying

27、 official), (position title), of the (State or Commonwealth) of llll, do hereby certify that the (State or Com-monwealth) of llll has not changed and is enforcing a 0.08 BAC per se law, which con-forms to 23 U.S.C. 163 and 23 CFR 1225.4, and that the funds received by the (State or Commonwealth) of

28、llll under 23 U.S.C. 163 will be used for projects eligible for as-sistance under title 23 of the United States Code, which include highway construction as VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00528 Fmt 8010 Sfmt 8003 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRPro

29、vided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-519 NHTSA and FHWA, DOT 1225.7 well as highway safety projects and pro-grams. (ii) If the States 0.08 BAC per se law has changed since the State last quali-fied for grant funds under this pro-gram, the cer

30、tification shall be worded as follows: (Name of certifying official), (position title), of the (State or Commonwealth) of llll, do hereby certify that the (State or Com-monwealth) of llll has amended and is enforcing a 0.08 BAC per se law that conforms to 23 U.S.C. 163 and 23 CFR 1225.4, (citations

31、to State law), and that the funds received by the (State or Commonwealth) of llll, under 23 U.S.C. 163 will be used for projects eligible for assistance under title 23 of the United States Code, which include highway construction as well as highway safety projects and programs. (3) An original and f

32、our copies of the certification shall be submitted to the appropriate NHTSA Regional Adminis-trator. Each Regional Administrator will forward the certifications it re-ceives to appropriate NHTSA and FHWA offices. (4) Each State that submits a certifi-cation will be informed by the agencies whether o

33、r not it qualifies for funds. (5) To qualify for grant funds in a fis-cal year, certifications must be re-ceived by the agencies not later than July 15 of that fiscal year. (b) Limitation on grants. A State may receive grant funds, subject to the fol-lowing limitations: (1) The amount of a grant app

34、or-tioned to a State under 1225.4 of this part shall be determined by multi-plying: (i) The amount authorized to carry out section 163 of 23 U.S.C. for the fis-cal year; by (ii) The ratio that the amount of funds apportioned to each such State under section 402 for such fiscal year bears to the tota

35、l amount of funds ap-portioned to all such States under sec-tion 402 for such fiscal year. (2) A State may obligate grant funds apportioned under this Part for any project eligible for assistance under title 23 of the United States Code. (3) The Federal share of the cost of a project funded with gra

36、nt funds award-ed under this part shall be 100 percent. 1225.6 Award procedures for incen-tive grant program. (a) In each Federal fiscal year, grant funds will be apportioned to eligible States upon submission and approval of the documentation required by 1225.5(a) and subject to the limita-tions in

37、 1225.5(b). The obligation au-thority associated with these funds is subject to the limitation on obligation pursuant to section 1102 of the Trans-portation Equity Act for the 21st Cen-tury (TEA21). (b) As soon as practicable after the apportionment in a fiscal year, but in no event later than Septe

38、mber 30 of the fiscal year, the Governors Representa-tive for Highway Safety and the Sec-retary of the States Department of Transportation for each State that re-ceives an apportionment shall jointly identify, in writing to the appropriate NHTSA Regional Administrator, the amounts of the States appo

39、rtionment that will be obligated to highway safe-ty program areas and to Federal-aid highway projects. Each NHTSA Re-gional Administrator will forward cop-ies of the joint letters to the appro-priate NHTSA and FHWA offices. (c) Apportionments will not be made by the NHTSA and FHWA unless this letter

40、 from the State is received. 1225.7 Certification requirements for sanction program. (a) Beginning with FY 2004, to avoid the withholding of funds, each State shall certify to the Secretary of Trans-portation, before the last day of the previous fiscal year, that it meets all the requirements of 23

41、U.S.C. 163 and this part. (b) The certification shall contain a statement from an appropriate State official that the State has enacted and is enforcing a 0.08 BAC per se law that conforms to 23 U.S.C. 163 and 23 CFR part 1225. (1) If the States 0.08 BAC per se law is currently in effect and is bein

42、g en-forced, the certification shall be word-ed as follows: I, (name of certifying official), (position title), of the (State or Commonwealth) of llll, do hereby certify that the (State or Commonwealth) of llll, has enacted and VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00529 Fmt 801

43、0 Sfmt 8003 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-520 23 CFR Ch. II (4111 Edition) 1225.8 is enforcing a 0.08 BAC per se law that con-forms to the requirements of 23 U.S.C. 163 and 23

44、 CFR 1225.4, (citations to State law). (2) If the States 0.08 BAC per se law is not currently in effect, but will be-come effective and be enforced before the end of the current fiscal year, the certification shall be worded as fol-lows: I, (name of certifying official), (position title), of the (St

45、ate or Commonwealth) of llll, do hereby certify that the (State or Commonwealth) of llll, has enacted a 0.08 BAC per se law that conforms to the re-quirements of 23 U.S.C. 163 and 23 CFR 1225.4, (citations to State law), and will become ef-fective and be enforced as of (effective date of the law). (

46、c) An original and four copies of the certification shall be submitted to the appropriate NHTSA Regional Adminis-trator. Each NHTSA Regional Admin-istrator will forward copies of the cer-tifications received to the appropriate NHTSA and FHWA offices. (d) Once a State has been determined to be in com

47、pliance with the require-ments of 23 U.S.C. 163 and this part, it is not required to submit additional certifications, except that the State shall promptly submit an amendment or supplement to its certification pro-vided under this section if the States 0.08 BAC per se law changes. (e) Certification

48、s submitted in FY 2003. (1) Any State that submits a certifi-cation of compliance under 1225.5 of this part, in conformance with the re-quirements of 23 U.S.C. 163, on or be-fore July 15, 2003, will qualify for an in-centive grant in FY 2003 and will avoid the withholding of funds in FY 2004. All ce

49、rtifications submitted in conform-ance with the incentive grant program will meet the certification require-ments of the sanction program. (2) Any State that submits a certifi-cation of compliance under this sec-tion, in conformance with the require-ments of 23 U.S.C. 163, between July 16, 2003 and September 30, 2003, will not qualify for an incentive grant in FY 2003, but will meet the certification re-quirements of the sanction program