DOT 23 CFR PART 1251-2011 STATE HIGHWAY SAFETY AGENCY.pdf
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1、534 23 CFR Ch. II (4111 Edition) 1250.5 (c) When Federal funds apportioned under 23 U.S.C. 402 are expended by the State or a State agency for the benefit of a political subdivision, such funds may be considered as part of the local share, provided that the political sub-division benefitted has had
2、an active voice in the initiation, development, and implementation of the programs for which such funds are expended. In no case may the State arbitrarily as-cribe State agency expenditures as benefitting local government. Where political subdivisions have had an ac-tive voice in the initiation, dev
3、elop-ment, and implementation of a par-ticular program, and a political sub-division which has not had such active voice agrees in advance of implementa-tion to accept the benefits of the pro-gram, the Federal share of the cost of such benefits may be credited toward meeting the 40 percent local par
4、ticipa-tion requirement. Where no political subdivisions have had an active voice in the initiation, development, and im-plementation of a particular program, but a political subdivision requests the benefits of the program as part of the local governments highway safety pro-gram, the Federal share
5、of the cost of such benefits may be credited toward meeting the 40 percent local participa-tion requirement. Evidence of consent and acceptance of the work, goods or services on behalf of the local govern-ment must be established and main-tained on file by the State, until all funds authorized for a
6、 specific year are expended and audits completed. (d) State agency expenditures which are generally not classified as local are within such standard areas as vehicle inspection, vehicle registration and driver licensing. However, where these Standards provide funding for services such as: driver imp
7、rovement tasks ad-ministered by traffic courts, or where they furnish computer support for local government requests for traffic record searches, these expenditures are classi-fiable as benefitting local programs. 1250.5 Waivers. While the 40 percent requirement may be waived in whole or in part by
8、the Secretary or his delegate, it is ex-pected that each State program will generate political subdivision partici-pation to the extent required by the Act so that requests for waivers will be minimized. Where a waiver is re-quested, however, it will be docu-mented at least by a conclusive show-ing
9、of the absence of legal authority over highway safety activities at the political subdivision levels of the State and will recommend the appropriate percentage participation to be applied in lieu of the 40 percent. PART 1251STATE HIGHWAY SAFETY AGENCY Sec. 1251.1 Purpose. 1251.2 Policy. 1251.3 Autho
10、rity. 1251.4 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. 1251.1 Purpose. The purpose of this part is to pre-scribe the minimum authority and functions of the State Highway Safety Agency established in each Stat
11、e by the Governor under the authority of the Highway Safety Act (23 U.S.C. 402). 1251.2 Policy. In order for a State to receive funds under the Highway Safety Act, the Governor shall exercise his or her re-sponsibilities through a State Highway Safety Agency that has adequate pow-ers and is suitably
12、 equipped and orga-nized to carry out the program to the satisfaction of the Secretary. 23 U.S.C. 402(b)(1)(A). Accordingly, it is the policy of this part that approval of a States Highway Safety Plan will de-pend upon the States compliance with 1251.3 and 1251.4 of this part. 1251.3 Authority. Each
13、 State Highway Safety Agency shall be authorized to: (a) Develop and implement a process for obtaining information about the highway safety programs administered by other State and local agencies. (b) Periodically review and comment to the Governor on the effectiveness of highway safety plans and ac
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