23 U.S.C. § 153 Use of Safety Belts and Motorcycle Helmets

• Library: United States Statutes
• Edition: 2023 Edition
• Currency: Current through P.L. 118-19 (published on www.congress.gov on 10/06/2023)
• Citation: 23 U.S.C. § 153

(a) AUTHORITY TO MAKE GRANTS.-The Secretary may make grants to a State in a fiscal year in accordance with this section if the State has in effect in such fiscal year-

(1) a law which makes unlawful throughout the State the operation of a motorcycle if any individual on the motorcycle is not wearing a motorcycle helmet; and

(2) a law which makes unlawful throughout the State the operation of a passenger vehicle whenever an individual in a front seat of the vehicle (other than a child who is secured in a child restraint system) does not have a safety belt properly fastened about the individual's body.

(b) USE OF GRANTS.-A grant made to a State under this section shall be used to adopt and implement a traffic safety program to carry out the following purposes:

(1) EDUCATION.-To educate the public about motorcycle and passenger vehicle safety and motorcycle helmet, safety belt, and child restraint system use and to involve public health education agencies and other related agencies in these efforts.

(2) TRAINING.-To train law enforcement officers in the enforcement of State laws described in subsection (a).

(3) MONITORING.-To monitor the rate of compliance with State laws described in subsection (a).

(4) ENFORCEMENT.-To enforce State laws described in subsection (a).

(c) MAINTENANCE OF EFFORT.-A grant may not be made to a State under this section in any fiscal year unless the State enters into such agreements with the Secretary as the Secretary may require to ensure that the State will maintain its aggregate expenditures from all other sources for any traffic safety program described in subsection (b) at or above the average level of such expenditures in the State's 2 fiscal years preceding the date of the enactment of this section.

(d) FEDERAL SHARE.-A State may not receive a grant under this section in more than 3 fiscal years. The Federal share payable for a grant under this section shall not exceed-

(1) in the first fiscal year the State receives a grant, 75 percent of the cost of implementing in such fiscal year a traffic safety program described in subsection (b);

(2) in the second fiscal year the State receives a grant, 50 percent of the cost of implementing in such fiscal year such traffic safety program; and

(3) in the third fiscal year the State receives a grant, 25 percent of the cost of implementing in such fiscal year such traffic safety program.

(e) MAXIMUM AGGREGATE AMOUNT OF GRANTS.-The aggregate amount of grants made to a State under this section shall not exceed 90 percent of the amount apportioned to such State for fiscal year 1990 under section 402.

(f) ELIGIBILITY FOR GRANTS.-

(1) GENERAL RULE.-A State is eligible in a fiscal year for a grant under this section only if the State enters into such agreements with the Secretary as the Secretary may require to ensure that the State implements in such fiscal year a traffic safety program described in subsection (b).