DOT 23 CFR PART 1270-2011 OPEN CONTAINER LAWS.pdf

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1、538 SUBCHAPTER DTRANSFER AND SANCTION PROGRAMS PART 1270OPEN CONTAINER LAWS Sec. 1270.1 Scope. 1270.2 Purpose. 1270.3 Definitions. 1270.4 Compliance criteria. 1270.5 Certification requirements. 1270.6 Transfer of funds. 1270.7 Use of transferred funds. 1270.8 Procedures affecting States in non-compl

2、iance. AUTHORITY: 23 U.S.C. 154; delegation of au-thority at 49 CFR 1.48 and 1.50. SOURCE: 63 FR 53585, Oct. 6, 1998, unless otherwise noted. 1270.1 Scope. This part prescribes the requirements necessary to implement Section 154 of Title 23 of the United States Code which encourages States to enact

3、and enforce open container laws. 1270.2 Purpose. The purpose of this part is to specify the steps that States must take to avoid the transfer of Federal-aid high-way funds for noncompliance with 23 U.S.C. 154. 1270.3 Definitions. As used in this part: (a) Alcoholic beverage means: (1) Beer, ale, por

4、ter, 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 by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor; (2) Wine of not less than one-half of 1 p

5、er centum of alcohol by volume; or (3) Distilled spirits which is that sub-stance known as ethyl alcohol, eth-anol, or spirits of wine in any form (in-cluding all dilutions and mixtures thereof from whatever source or by whatever process produced). (b) Enact and enforce means the States law is in ef

6、fect and the State has begun to implement the law. (c) Motor vehicle means a vehicle driv-en or drawn by mechanical power and manufactured primarily for use on pub-lic highways, but does not include a ve-hicle operated solely on a rail or rails. (d) Open alcoholic beverage container means any bottle

7、, can, or other recep-tacle that: (1) Contains any amount of alcoholic beverage; and (2)(i) Is open or has a broken seal; or (ii) The contents of which are par-tially removed. (e) Passenger area means the area de-signed to seat the driver and pas-sengers while the motor vehicle is in operation and a

8、ny area that is readily accessible to the driver or a passenger while in their seating positions, includ-ing the glove compartment. (f) Public highway or right-of-way of a public highway means the width be-tween and immediately adjacent to the boundary lines of every way publicly maintained when any

9、 part thereof is open to the use of the public for pur-poses of vehicular travel; inclusion of the roadway and shoulders is suffi-cient. (g) State means any of the 50 States, the District of Columbia, or the Com-monwealth of Puerto Rico. 63 FR 53585, Oct. 6, 1998, as amended at 65 FR 51538, Aug. 24,

10、 2000 1270.4 Compliance criteria. (a) To avoid the transfer of funds as specified in 1270.6 of this part, a State must enact and enforce a law that pro-hibits the possession of any open alco-holic beverage container, and the con-sumption of any alcoholic beverage, in the passenger area of any motor

11、vehi-cle (including possession or consump-tion by the driver of the vehicle) lo-cated on a public highway, or the right-of-way of a public highway, in the State. (b) The law must apply to: (1) The possession of any open alco-holic beverage container and the con-sumption of any alcoholic beverage; (2

12、) The passenger area of any motor vehicle; (3) All alcoholic beverages; (4) All occupants of a motor vehicle; and (5) All motor vehicles located a VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00548 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by

13、IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-539 NHTSA and FHWA, DOT 1270.6 public highway or the right-of-way of a public highway. (c) The law must provide for primary enforcement. (d) Exceptions. (1) If a State has in ef-fect a law that makes unlawful the p

14、os-session of any open alcoholic beverage container and the consumption of any alcoholic beverage in the passenger area of any motor vehicle, but permits the possession of an open alcoholic bev-erage container in a locked glove com-partment, or behind the last upright seat or in an area not normally

15、 occu-pied by the driver or a passenger in a motor vehicle that is not equipped with a trunk, the State shall be deemed to have in effect a law that applies to the passenger area of any vehicle, as pro-vided in paragraph (b)(2) of this sec-tion. (2) If a State has in effect a law that makes unlawful

16、 the possession of any open alcoholic beverage container or the consumption of any alcoholic bev-erage by the driver (but not by a pas-senger) in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, or in the living quarter

17、s of a house coach or house trailer, the State shall be deemed to have in effect a law that ap-plies to all occupants of a motor vehi-cle, as provided in paragraph (b)(4) of this section. 1270.5 Certification requirements. (a) Until a State has been determined to be in compliance, or after a State h

18、as been determined to be in non-com-pliance, with the requirements of 23 U.S.C. 154, to avoid the transfer of funds in any fiscal year, beginning with FY 2001, the State shall certify to the Secretary of Transportation, on or be-fore September 30 of the previous fiscal year, that it meets the requir

19、ements of 23 U.S.C. 154 and this part. (b) The certification shall be made by an appropriate State official, and it shall provide that the State has en-acted and is enforcing an open con-tainer law that conforms to 23 U.S.C. 154 and 1270.4 of this part. (1) If the States open container law is curren

20、tly 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 llllllll, do hereby certify that the (State or Commonwealth) of lllllllll, has enacted and is enforc-ing an open container law that

21、conforms to the requirements of 23 U.S.C. 154 and 23 CFR 1270.4, (citations to pertinent State statutes, regulations, case law or other binding legal requirements, including definitions, as need-ed). (2) If the States open container law is not currently in effect, but will be-come effective and be e

22、nforced by Octo-ber 1 of the following fiscal year, the certification shall be worded as fol-lows: (Name of certifying official), (position title), of the (State or Commonwealth) of lllllllll, do hereby certify that the (State or Commonwealth) of lllllllllll, has enacted an open container law that c

23、onforms to the require-ments of 23 U.S.C. 154 and 23 CFR 1270.4, (ci-tations to pertinent State statutes, regula-tions, case law or other binding legal re-quirements, including definitions, as need-ed), and will become effective and be en-forced as of (effective date of the law). (c) An original and

24、 four copies of the certification shall be submitted to the appropriate NHTSA Regional Adminis-trator. Each Regional Administrator will forward the certifications to the appropriate NHTSA and FHWA offices. (d) Once a State has been determined to be in compliance with the require-ments of 23 U.S.C. 1

25、54, it is not required to submit additional certifications, ex-cept that the State shall promptly sub-mit an amendment or supplement to its certification provided under para-graphs (a) and (b) of this section if the States open container law changes or the State ceases to enforce such law. 63 FR 535

26、85, Oct. 6, 1998, as amended at 65 FR 51538, Aug. 24, 2000 1270.6 Transfer of funds. (a) On October 1, 2000, and October 1, 2001, if a State does not have in effect or is not enforcing the law described in 1270.4, the Secretary shall transfer an amount equal to 112 percent of the funds apportioned t

27、o the State for that fiscal year under each of 23 U.S.C. 104(b)(1), (b)(3), and (b)(4) to the appor-tionment of the State under 23 U.S.C. 402. VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00549 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSN

28、ot for ResaleNo reproduction or networking permitted without license from IHS-,-,-540 23 CFR Ch. II (4111 Edition) 1270.7 (b) On October 1, 2002, and each Octo-ber 1 thereafter, if a State does not have in effect or is not enforcing the law described in 1270.4, the Secretary shall transfer an amount

29、 equal to 3 percent of the funds apportioned to the State for that fiscal year under each of 23 U.S.C. 104(b)(1), (b)(3), and (b)(4) to the apportionment of the State under 23 U.S.C. 402. (c) On October 1, the transfers to Sec-tion 402 apportionments will be made based on proportionate amounts from

30、each of the apportionments under Sec-tions 104(b)(1), (b)(3) and (b)(4). Then the States Department of Transpor-tation will be given until October 30 to notify FHWA, through the appropriate Division Administrator, if they would like to change the distribution among Section 104(b)(1), (b)(3) and (b)(

31、4). 63 FR 53585, Oct. 6, 1998, as amended at 65 FR 51538, Aug. 24, 2000 1270.7 Use of transferred funds. (a) Any funds transferred under 1270.6 may: (1) Be used for approved projects for alcohol-impaired driving counter-measures; or (2) Be directed to State and local law enforcement agencies for enf

32、orcement of laws prohibiting driving while in-toxicated or driving under the influ-ence and other related laws (including regulations), including the purchase of equipment, the training of officers, and the use of additional personnel for spe-cific alcohol-impaired driving counter-measures, dedicate

33、d to enforcement of the laws (including regulations). (b) States may elect to use all or a portion of the transferred funds for hazard elimination activities eligible under 23 U.S.C. 152. (c) No later than 60 days after the funds are transferred under 1270.6, the Governors Representative for Highway

34、 Safety and the Secretary of the States Department of Transportation for each State shall jointly identify, in writing to the appropriate NHTSA Adminis-trator and FHWA Division Adminis-trator, how the funds will be pro-grammed among alcohol-impaired driv-ing programs, hazard elimination pro-grams an

35、d planning and administration costs. (d) The Federal share of the cost of any project carried out with the funds transferred under 1270.6 of this part shall be 100 percent. (e) The amount to be transferred under 1270.6 of this part may be de-rived from one or more of the fol-lowing: (1) The apportio

36、nment of the State under 104(b)(1); (2) The apportionment of the State under 104(b)(3); or (3) The apportionment of the State under 104(b)(4). (f)(1) If any funds are transferred under 1270.6 of this part to the appor-tionment of a State under Section 402 for a fiscal year, an amount, deter-mined un

37、der paragraph (e)(2) of this section, of obligation authority will be distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs for carrying out projects under Section 402. (2) The amount of obligation author-ity referred to in paragraph (e)(1) of

38、 this section shall be determined by multiplying: (i) The amount of funds transferred under 1270.6 of this part to the appor-tionment of the State under Section 402 for the fiscal year; by (ii) The ratio that: (A) The amount of obligation author-ity distributed for the fiscal year to the State for F

39、ederal-aid highways and highway safety construction programs; bears to (B) The total of the sums apportioned to the State for Federal-aid highways and highway safety construction pro-grams (excluding sums not subject to any obligation limitation) for the fis-cal year. (g) Notwithstanding any other p

40、rovi-sion of law, no limitation on the total obligations for highway safety pro-grams under Section 402 shall apply to funds transferred under 1270.6 to the apportionment of a State under such section. 63 FR 53585, Oct. 6, 1998, as amended at 65 FR 51538, Aug. 24, 2000 1270.8 Procedures affecting St

41、ates in noncompliance. (a) Each fiscal year, each State deter-mined to be in noncompliance with 23 VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00550 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking p

42、ermitted without license from IHS-,-,-541 NHTSA and FHWA, DOT 1275.3 U.S.C. 154 and this part, based on NHTSAs and FHWAs preliminary re-view of its certification, will be advised of the funds expected to be transferred under 1270.4 from apportionment, as part of the advance notice of appor-tionments

43、 required under 23 U.S.C. 104(e), normally not later than ninety days prior to final apportionment. (b) If NHTSA and FHWA determine that the State is not in compliance with 23 U.S.C. 154 and this part, based on the agencies preliminary review, the State may, within 30 days of its re-ceipt of the adv

44、ance notice of appor-tionments, submit documentation showing why it is in compliance. Docu-mentation shall be submitted to the appropriate National Highway Traffic Safety Administration Regional office. (c) Each fiscal year, each State deter-mined not to be in compliance with 23 U.S.C. 154 and this

45、part, based on NHTSAs and FHWAs final determina-tion, will receive notice of the funds being transferred under 1270.6 from apportionment, as part of the certifi-cation of apportionments required under 23 U.S.C. 104(e), which normally occurs on October 1 of each fiscal year. PART 1275REPEAT INTOXICAT

46、ED DRIVER LAWS Sec. 1275.1 Scope. 1275.2 Purpose. 1275.3 Definitions. 1275.4 Compliance criteria. 1275.5 Certification requirements. 1275.6 Transfer of funds. 1275.7 Use of transferred funds. 1275.8 Procedures affecting States in non-compliance. AUTHORITY: 23 U.S.C. 164; delegation of au-thority at

47、49 CFR 1.48 and 1.50. SOURCE: 63 FR 55802, Oct. 19, 1998, unless otherwise noted. 1275.1 Scope. This part prescribes the requirements necessary to implement Section 164 of Title 23, United States Code, which en-courages States to enact and enforce repeat intoxicated driver laws. 1275.2 Purpose. The

48、purpose of this part is to specify the steps that States must take to avoid the transfer of Federal-aid high-way funds for noncompliance with 23 U.S.C. 164. 1275.3 Definitions. As used in this part: (a) Alcohol concentration means grams of alcohol per 100 milliliters of blood or grams of alcohol per

49、 210 liters of breath. (b) Drivers motor vehicle means a motor vehicle with a title or registra-tion on which the repeat intoxicated drivers name appears. (c) Driving while intoxicated means driving or being in actual physical con-trol of a motor vehicle while having an alcohol concentration above the per-mitted limit as established by each State, or an equivalent non-BAC in-toxicated driving offense. (d) Driving under the influe