23 USC 405 - National priority safety programs

U.S Code last checked for updates: Sep 29, 2023

§ 405.

National priority safety programs

(a)

General Authority.—

Subject to the requirements of this section, the Secretary shall manage programs to address national priorities for reducing highway deaths and injuries. Funds shall be allocated according to the following:

(1)

Occupant protection.—

(2)

State traffic safety information system improvements.—

In each fiscal year, 14.5 percent of the funds provided under this section shall be allocated among States that meet requirements with respect to State traffic safety information system improvements (as described in subsection (c)).

(3)

Impaired driving countermeasures.—

In each fiscal year, 52.5 percent of the funds provided under this section shall be allocated among States that meet requirements with respect to impaired driving countermeasures (as described in subsection (d)).

(4)

Distracted driving.—

In each fiscal year, 8.5 percent of the funds provided under this section shall be allocated among States that adopt and implement effective laws to reduce distracted driving (as described in subsection (e)).

(5)

Motorcyclist safety.—

In each fiscal year, 1.5 percent of the funds provided under this section shall be allocated among States that implement motorcyclist safety programs (as described in subsection (f)).

(6)

State graduated driver licensing laws.—

In each fiscal year, 5 percent of the funds provided under this section shall be allocated among States that adopt and implement graduated driver licensing laws (as described in subsection (g)).

(7)

Nonmotorized safety.—

In each fiscal year, 5 percent of the funds provided under this section shall be allocated among States that meet requirements with respect to nonmotorized safety (as described in subsection (h)).

(8)

Transfers.—

Notwithstanding paragraphs (1) through (7), the Secretary shall reallocate, before the last day of any fiscal year, any amounts remaining available to carry out any of the activities described in subsections (b) through (h) to increase the amount made available under section 402, in order to ensure, to the maximum extent possible, that all such amounts are obligated during such fiscal year.

(9)

Maintenance of effort.—

(A)

Certification.—

As part of the grant application required in section 402(k)(3)(F), a State receiving a grant in any fiscal year under subsection (b), (c), or (d) of this section shall provide certification that the lead State agency responsible for programs described in any of those subsections is maintaining aggregate expenditures at or above the average level of such expenditures in the 2 fiscal years prior to the date of enactment of the FAST Act.

(B)

Waiver.—

Upon the request of a State, the Secretary may waive or modify the requirements under subparagraph (A) for not more than 1 fiscal year if the Secretary determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances.

(10)

Political subdivisions.—

A State may provide the funds awarded under this section to a political subdivision of the State or an Indian tribal government.

(b)

Occupant Protection Grants.—

(1)

General authority.—

Subject to the requirements under this subsection, the Secretary of Transportation shall award grants to States that adopt and implement effective occupant protection programs to reduce highway deaths and injuries resulting from individuals riding unrestrained or improperly restrained in motor vehicles.

(2)

Federal share.—

The Federal share of the costs of activities funded using amounts from grants awarded under this subsection may not exceed 80 percent for each fiscal year for which a State receives a grant.

(3)

Eligibility.—

(A)

High seat belt use rate.—

A State with an observed seat belt use rate of 90 percent or higher, based on the most recent data from a survey that conforms with national criteria established by the National Highway Traffic Safety Administration, shall be eligible for a grant in a fiscal year if the State—

(i)

submits an occupant protection plan during the first fiscal year;

(ii)

participates in the Click It or Ticket national mobilization;

(iii)

has an active network of child restraint inspection stations; and

(iv)

has a plan to recruit, train, and maintain a sufficient number of child passenger safety technicians.

(B)

Lower seat belt use rate.—

A State with an observed seat belt use rate below 90 percent, based on the most recent data from a survey that conforms with national criteria established by the National Highway Traffic Safety Administration, shall be eligible for a grant in a fiscal year if—

(i)

the State meets all of the requirements under clauses (i) through (iv) of subparagraph (A); and

(ii)

the Secretary determines that the State meets at least 3 of the following criteria:

(I)

The State conducts sustained (on-going and periodic) seat belt enforcement at a defined level of participation during the year.

(II)

The State has enacted and enforces a primary enforcement seat belt use law.

(III)

The State has implemented countermeasure programs for high-risk populations, such as drivers on rural roadways, unrestrained nighttime drivers, or teenage drivers.

(IV)

The State has enacted and enforces occupant protection laws requiring front and rear occupant protection use by all occupants in an age-appropriate restraint.

(V)

The State has implemented a comprehensive occupant protection program in which the State has—

(aa)

conducted a program assessment;

(bb)

developed a statewide strategic plan;

(cc)

designated an occupant protection coordinator; and

(dd)

established a statewide occupant protection task force.

(VI)

The State—

(aa)

completed an assessment of its occupant protection program during the 3-year period preceding the grant year; or

(bb)

will conduct such an assessment during the first year of the grant.

(4)

Use of grant amounts.—

(A)

In general.—

Grant funds received pursuant to this subsection may be used to—

(i)

carry out a program to support high-visibility enforcement mobilizations, including paid media that emphasizes publicity for the program, and law enforcement;

(ii)

carry out a program to train occupant protection safety professionals, police officers, fire and emergency medical personnel, educators, and parents concerning all aspects of the use of child restraints and occupant protection;

(iii)

carry out a program to educate the public concerning the proper use and installation of child restraints, including related equipment and information systems;

(iv)

carry out a program to provide community child passenger safety services, including programs about proper seating positions for children and how to reduce the improper use of child restraints;

(v)

purchase and distribute child restraints to low-income families, provided that not more than 5 percent of the funds received in a fiscal year are used for such purpose; and

(vi)

establish and maintain information systems containing data concerning occupant protection, including the collection and administration of child passenger safety and occupant protection surveys.

(B)

High seat belt use rate.—

A State that is eligible for funds under paragraph (3)(A) may use up to 100 percent of such funds for any project or activity eligible for funding under section 402.

(5)

Grant amount.—

The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal year 2009.

(6)

Definitions.—

In this subsection:

(A)

Child restraint.—

The term “child restraint” means any device (including child safety seat, booster seat, harness, and excepting seat belts) that is—

(i)

designed for use in a motor vehicle to restrain, seat, or position children who weigh 65 pounds (30 kilograms) or less; and

(ii)

certified to the Federal motor vehicle safety standard prescribed by the National Highway Traffic Safety Administration for child restraints.

(B)

Seat belt.—

The term “seat belt” means—

(i)

with respect to open-body motor vehicles, including convertibles, an occupant restraint system consisting of a lap belt or a lap belt and a detachable shoulder belt; and

(ii)

with respect to other motor vehicles, an occupant restraint system consisting of integrated lap and shoulder belts.

(c)

State Traffic Safety Information System Improvements.—

(1)

General authority.—

Subject to the requirements under this subsection, the Secretary of Transportation shall award grants to States to support the development and implementation of effective State programs that—

(A)

improve the timeliness, accuracy, completeness, uniformity, integration, and accessibility of the State safety data that is needed to identify priorities for Federal, State, and local highway and traffic safety programs;

(B)

evaluate the effectiveness of efforts to make such improvements;

(C)

link the State data systems, including traffic records, with other data systems within the State, such as systems that contain medical, roadway, and economic data;

(D)

improve the compatibility and interoperability of the data systems of the State with national data systems and data systems of other States; and

(E)

enhance the ability of the Secretary to observe and analyze national trends in crash occurrences, rates, outcomes, and circumstances.

(2)

Federal share.—

The Federal share of the cost of adopting and implementing in a fiscal year a State program described in this subsection may not exceed 80 percent.

(3)

Eligibility.—

A State is not eligible for a grant under this subsection in a fiscal year unless the State demonstrates, to the satisfaction of the Secretary, that the State—

(A)

has a functioning traffic records coordinating committee (referred to in this paragraph as “TRCC”) that meets at least 3 times each year;

(B)

has designated a TRCC coordinator;

(C)

has established a State traffic record strategic plan that has been approved by the TRCC and describes specific quantifiable and measurable improvements anticipated in the State’s core safety databases, including crash, citation or adjudication, driver, emergency medical services or injury surveillance system, roadway, and vehicle databases;

(D)

has demonstrated quantitative progress in relation to the significant data program attribute of—

(i)

accuracy;

(ii)

completeness;

(iii)

timeliness;

(iv)

uniformity;

(v)

accessibility; or

(vi)

integration of a core highway safety database; and

(E)

has certified to the Secretary that an assessment of the State’s highway safety data and traffic records system was conducted or updated during the preceding 5 years.

(4)

Use of grant amounts.—

Grant funds received by a State under this subsection shall be used for making data program improvements to core highway safety databases related to quantifiable, measurable progress in any of the 6 significant data program attributes set forth in paragraph (3)(D).

(5)

Grant amount.—

The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal year 2009.

(d)

Impaired Driving Countermeasures.—

(1)

In general.—

Subject to the requirements under this subsection, the Secretary of Transportation shall award grants to States that adopt and implement—

(A)

effective programs to reduce driving under the influence of alcohol, drugs, or the combination of alcohol and drugs; or

(B)

alcohol-ignition interlock laws.

(2)

Federal share.—

The Federal share of the costs of activities funded using amounts from grants under this subsection may not exceed 80 percent in any fiscal year in which the State receives a grant.

(3)

Eligibility.—

(A)

Low-range states.—

Low-range States shall be eligible for a grant under this subsection.

(B)

Mid-range states.—

A mid-range State shall be eligible for a grant under this subsection if—

(i)

a statewide impaired driving task force in the State developed a statewide plan during the most recent 3 calendar years to address the problem of impaired driving; or

(ii)

the State will convene a statewide impaired driving task force to develop such a plan during the first year of the grant.

(C)

High-range states.—

A high-range State shall be eligible for a grant under this subsection if the State—

(i)

(I)

conducted an assessment of the State’s impaired driving program during the most recent 3 calendar years; or

(II)

will conduct such an assessment during the first year of the grant;

(ii)

convenes, during the first year of the grant, a statewide impaired driving task force to develop a statewide plan that—

(I)

addresses any recommendations from the assessment conducted under clause (i);

(II)

includes a detailed plan for spending any grant funds provided under this subsection; and

(III)

describes how such spending supports the statewide program; and

(iii)

(I)

submits the statewide plan to the National Highway Traffic Safety Administration during the first year of the grant for the agency’s review and approval;

(II)

annually updates the statewide plan in each subsequent year of the grant; and

(III)

submits each updated statewide plan for the agency’s review and comment.

(4)

(A)

Required programs.—

High-range States shall use grant funds for—

(i)

high-visibility enforcement efforts; and

(ii)

any of the activities described in subparagraph (B) if—

(I)

the activity is described in the statewide plan; and

(II)

the Secretary approves the use of funding for such activity.

(B)

Authorized programs.—

Medium-range and low-range States may use grant funds for—

(i)

any of the purposes described in subparagraph (A);

(ii)

hiring a full-time or part-time impaired driving coordinator of the State’s activities to address the enforcement and adjudication of laws regarding driving while impaired by alcohol, drugs, or the combination of alcohol and drugs;

(iii)

court support of high-visibility enforcement efforts, training and education of criminal justice professionals (including law enforcement, prosecutors, judges, and probation officers) to assist such professionals in handling impaired driving cases, hiring traffic safety resource prosecutors, hiring judicial outreach liaisons, and establishing driving while intoxicated courts;

(iv)

alcohol ignition interlock programs;

(v)

improving blood-alcohol concentration testing and reporting;

(vi)

paid and earned media in support of high-visibility enforcement efforts, conducting standardized field sobriety training, advanced roadside impaired driving evaluation training, and drug recognition expert training for law enforcement, and equipment and related expenditures used in connection with impaired driving enforcement in accordance with criteria established by the National Highway Traffic Safety Administration;

(vii)

training on the use of alcohol and drug screening and brief intervention;

(viii)

training for and implementation of impaired driving assessment programs or other tools designed to increase the probability of identifying the recidivism risk of a person convicted of driving under the influence of alcohol, drugs, or a combination of alcohol and drugs and to determine the most effective mental health or substance abuse treatment or sanction that will reduce such risk;

(ix)

developing impaired driving information systems; and

(x)

costs associated with a 24-7 sobriety program.

(C)

Other programs.—

Low-range States may use grant funds for any expenditure designed to reduce impaired driving based on problem identification and may use not more than 50 percent of funds made available under this subsection for any project or activity eligible for funding under section 402. Medium-range and high-range States may use funds for any expenditure designed to reduce impaired driving based on problem identification upon approval by the Secretary.

(5)

Grant amount.—

Subject to paragraph (6), the allocation of grant funds to a State under this section for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal year 2009.

(6)

Additional grants.—

(A)

Grants to states with alcohol-ignition interlock laws.—

The Secretary shall make a separate grant under this subsection to each State that adopts and is enforcing a mandatory alcohol-ignition interlock law for all individuals convicted of driving under the influence of alcohol or of driving while intoxicated.

(B)

Grants to states with 24-7 sobriety programs.—

The Secretary shall make a separate grant under this subsection to each State that—

(i)

adopts and is enforcing a law that requires all individuals convicted of driving under the influence of alcohol or of driving while intoxicated to receive a restriction on driving privileges; and

(ii)

provides a 24-7 sobriety program.

(C)

Use of funds.—

Grants authorized under subparagraph (A) and subparagraph (B) may be used by recipient States for any eligible activities under this subsection or section 402.

(D)

Allocation.—

Amounts made available under this paragraph shall be allocated among States described in subparagraph (A) and subparagraph (B) in proportion to the State’s apportionment under section 402 for fiscal year 2009.

(E)

Funding.—

(i)

Funding for grants to states with alcohol-ignition interlock laws.—

Not more than 12 percent of the amounts made available to carry out this subsection in a fiscal year shall be made available by the Secretary for making grants under subparagraph (A).

(ii)

Funding for grants to states with 24-7 sobriety programs.—

Not more than 3 percent of the amounts made available to carry out this subsection in a fiscal year shall be made available by the Secretary for making grants under subparagraph (B).

(F)

Exceptions.—

A State alcohol-ignition interlock law under subparagraph (A) may include exceptions for the following circumstances:

(i)

The individual is required to operate an employer’s motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the individual.

(ii)

The individual is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device.

(iii)

A State-certified ignition interlock provider is not available within 100 miles of the individual’s residence.

(7)

Definitions.—

In this subsection:

(A)

24-7 sobriety program.—

The term “24-7 sobriety program” means a State law or program that authorizes a State court or an agency with jurisdiction, as a condition of bond, sentence, probation, parole, or work permit, to—

(i)

require an individual who was arrested for, plead guilty to, or was convicted of driving under the influence of alcohol or drugs to totally abstain from alcohol or drugs for a period of time; and

(ii)

require the individual to be subject to testing for alcohol or drugs—

(I)

at least twice per day at a testing location;

(II)

by continuous transdermal alcohol monitoring via an electronic monitoring device; or

(III)

by an alternate method with the concurrence of the Secretary.

(B)

Average impaired driving fatality rate.—

The term “average impaired driving fatality rate” means the number of fatalities in motor vehicle crashes involving a driver with a blood alcohol concentration of at least 0.08 percent for every 100,000,000 vehicle miles traveled, based on the most recently reported 3 calendar years of final data from the Fatality Analysis Reporting System, as calculated in accordance with regulations prescribed by the Administrator of the National Highway Traffic Safety Administration.

(C)

High-range state.—

The term “high-range State” means a State that has an average impaired driving fatality rate of 0.60 or higher.

(D)

Low-range state.—

The term “low-range State” means a State that has an average impaired driving fatality rate of 0.30 or lower.

(E)

Mid-range state.—

The term “mid-range State” means a State that has an average impaired driving fatality rate that is higher than 0.30 and lower than 0.60.

(e)

Distracted Driving Grants.—

(1)

In general.—

The Secretary shall award a grant under this subsection to any State that includes distracted driving awareness as part of the State’s driver’s license examination, and enacts and enforces a law that meets the requirements set forth in paragraphs (2) and (3).

(2)

Prohibition on texting while driving.—

A State law meets the requirements set forth in this paragraph if the law—

(A)

prohibits a driver from texting through a personal wireless communications device while driving;

(B)

makes violation of the law a primary offense;

(C)

establishes a minimum fine for a violation of the law; and

(D)

does not provide for an exemption that specifically allows a driver to text through a personal wireless communication device while stopped in traffic.

(3)

Prohibition on youth cell phone use while driving or stopped in traffic.—

A State law meets the requirements set forth in this paragraph if the law—

(A)

prohibits a driver from using a personal wireless communications device while driving if the driver is—

(i)

younger than 18 years of age; or

(ii)

in the learner’s permit or intermediate license stage set forth in subsection (g)(2)(B);

(B)

makes violation of the law a primary offense;

(C)

establishes a minimum fine for a violation of the law; and

(D)

does not provide for an exemption that specifically allows a driver to text through a personal wireless communication device while stopped in traffic.

(4)

Permitted exceptions.—

A law that meets the requirements set forth in paragraph (2) or (3) may provide exceptions for—

(A)

a driver who uses a personal wireless communications device to contact emergency services;

(B)

emergency services personnel who use a personal wireless communications device while—

(i)

operating an emergency services vehicle; and

(ii)

engaged in the performance of their duties as emergency services personnel;

(C)

an individual employed as a commercial motor vehicle driver or a school bus driver who uses a personal wireless communications device within the scope of such individual’s employment if such use is permitted under the regulations promulgated pursuant to section 31136 of title 49; and

(D)

any additional exceptions determined by the Secretary through a rulemaking process.

(5)

Use of grant funds.—

(A)

In general.—

Except as provided in subparagraph (B), amounts received by a State under this subsection shall be used—

(i)

to educate the public through advertising containing information about the dangers of texting or using a cell phone while driving;

(ii)

for traffic signs that notify drivers about the distracted driving law of the State; or

(iii)

for law enforcement costs related to the enforcement of the distracted driving law.

(B)

Flexibility.—

(i)

Not more than 50 percent of amounts received by a State under this subsection may be used for any eligible project or activity under section 402.

(ii)

Not more than 75 percent of amounts received by a State under this subsection may be used for any eligible project or activity under section 402 if the State has conformed its distracted driving data to the most recent Model Minimum Uniform Crash Criteria published by the Secretary.

(6)

Additional distracted driving grants.—

(A)

In general.—

Notwithstanding paragraph (1), for each of fiscal years 2017 and 2018, the Secretary shall use up to 25 percent of the amounts available for grants under this subsection to award grants to any State that—

(i)

in fiscal year 2017—

(I)

certifies that it has enacted a basic text messaging statute that—

(aa)

is applicable to drivers of all ages; and

(bb)

makes violation of the basic text messaging statute a primary offense or secondary enforcement action as allowed by State statute; and

(II)

is otherwise ineligible for a grant under this subsection; and

(ii)

in fiscal year 2018—

(I)

certifies that it has enacted a basic text messaging statute that—

(aa)

is applicable to drivers of all ages; and

(bb)

makes violation of the basic text messaging statute a primary offense;

(II)

imposes fines for violations;

(III)

has a statute that prohibits drivers who are younger than 18 years of age from using a personal wireless communications device while driving; and

(IV)

is otherwise ineligible for a grant under this subsection.

(B)

Use of grant funds.—

(i)

In general.—

Notwithstanding paragraph (5) and subject to clauses (ii) and (iii) of this subparagraph, amounts received by a State under subparagraph (A) may be used for activities related to the enforcement of distracted driving laws, including for public information and awareness purposes.

(ii)

Fiscal year 2017.—

In fiscal year 2017, up to 15 percent of the amounts received by a State under subparagraph (A) may be used for any eligible project or activity under section 402.

(iii)

Fiscal year 2018.—

In fiscal year 2018, up to 25 percent of the amounts received by a State under subparagraph (A) may be used for any eligible project or activity under section 402.

(7)

Allocation to support state distracted driving laws.—

Of the amounts available under this subsection in a fiscal year for distracted driving grants, the Secretary may expend not more than $5,000,000 for the development and placement of broadcast media to reduce distracted driving of motor vehicles.

(8)

Grant amount.—

The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal year 2009.

(9)

Definitions.—

In this subsection, the following definitions apply:

(A)

Driving.—

The term “driving”—

(i)

means operating a motor vehicle on a public road; and

(ii)

does not include operating a motor vehicle when the vehicle has pulled over to the side of, or off, an active roadway and has stopped in a location where it can safely remain stationary.

(B)

Personal wireless communications device.—

The term “personal wireless communications device”—

(i)

(ii)

does not include a global navigation satellite system receiver used for positioning, emergency notification, or navigation purposes.

(C)

Primary offense.—

The term “primary offense” means an offense for which a law enforcement officer may stop a vehicle solely for the purpose of issuing a citation in the absence of evidence of another offense.

(D)

Public road.—

The term “public road” has the meaning given such term in section 402(c).

(E)

Texting.—

The term “texting” means reading from or manually entering data into a personal wireless communications device, including doing so for the purpose of SMS texting, emailing, instant messaging, or engaging in any other form of electronic data retrieval or electronic data communication.

(f)

Motorcyclist Safety.—

(1)

Grants authorized.—

Subject to the requirements under this subsection, the Secretary shall award grants to States that adopt and implement effective programs to reduce the number of single- and multi-vehicle crashes involving motorcyclists.

(2)

Grant amount.—

The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal year 2009, except that the amount of a grant awarded to a State for a fiscal year may not exceed 25 percent of the amount apportioned to the State under such section for fiscal year 2009.

(3)

Grant eligibility.—

A State becomes eligible for a grant under this subsection by adopting or demonstrating to the satisfaction of the Secretary, at least 2 of the following criteria:

(A)

Motorcycle rider training courses.—

An effective motorcycle rider training course that is offered throughout the State, which—

(i)

provides a formal program of instruction in accident avoidance and other safety-oriented operational skills to motorcyclists; and

(ii)

may include innovative training opportunities to meet unique regional needs.

(B)

Motorcyclists awareness program.—

An effective statewide program to enhance motorist awareness of the presence of motorcyclists on or near roadways and safe driving practices that avoid injuries to motorcyclists.

(C)

Reduction of fatalities and crashes involving motorcycles.—

A reduction for the preceding calendar year in the number of motorcycle fatalities and the rate of motor vehicle crashes involving motorcycles in the State (expressed as a function of 10,000 motorcycle registrations).

(D)

Impaired driving program.—

Implementation of a statewide program to reduce impaired driving, including specific measures to reduce impaired motorcycle operation.

(E)

Reduction of fatalities and accidents involving impaired motorcyclists.—

A reduction for the preceding calendar year in the number of fatalities and the rate of reported crashes involving alcohol- or drug-impaired motorcycle operators (expressed as a function of 10,000 motorcycle registrations).

(F)

Fees collected from motorcyclists.—

All fees collected by the State from motorcyclists for the purposes of funding motorcycle training and safety programs will be used for motorcycle training and safety purposes.

(4)

Eligible uses.—

(A)

In general.—

A State may use funds from a grant under this subsection only for motorcyclist safety training and motorcyclist awareness programs, including—

(i)

improvements to motorcyclist safety training curricula;

(ii)

improvements in program delivery of motorcycle training to both urban and rural areas, including—

(I)

procurement or repair of practice motorcycles;

(II)

instructional materials;

(III)

mobile training units; and

(IV)

leasing or purchasing facilities for closed-course motorcycle skill training;

(iii)

measures designed to increase the recruitment or retention of motorcyclist safety training instructors; and

(iv)

public awareness, public service announcements, and other outreach programs to enhance driver awareness of motorcyclists, including “share-the-road” safety messages.

(B)

Suballocations of funds.—

An agency of a State that receives a grant under this subsection may suballocate funds from the grant to a nonprofit organization incorporated in that State to carry out this subsection.

(C)

Flexibility.—

Not more than 50 percent of grant funds received by a State under this subsection may be used for any eligible project or activity under section 402 if the State is in the lowest 25 percent of all States for motorcycle deaths per 10,000 motorcycle registrations based on the most recent data that conforms with criteria established by the Secretary.

(5)

Definitions.—

In this subsection:

(A)

Motorcyclist awareness.—

The term “motorcyclist awareness” means individual or collective awareness of—

(i)

the presence of motorcycles on or near roadways; and

(ii)

safe driving practices that avoid injury to motorcyclists.

(B)

Motorcyclist awareness program.—

The term “motorcyclist awareness program” means an informational or public awareness program designed to enhance motorcyclist awareness that is developed by or in coordination with the designated State authority having jurisdiction over motorcyclist safety issues, which may include the State motorcycle safety administrator or a motorcycle advisory council appointed by the governor of the State.

(C)

Motorcyclist safety training.—

The term “motorcyclist safety training” means a formal program of instruction that is approved for use in a State by the designated State authority having jurisdiction over motorcyclist safety issues, which may include the State motorcycle safety administrator or a motorcycle advisory council appointed by the governor of the State.

(D)

State.—

The term “State” has the meaning given such term in section 101(a) of title 23, United States Code.

(6)

Share-the-road model language.—

Not later than 1 year after the date of enactment of this paragraph, the Secretary shall update and provide to the States model language, for use in traffic safety education courses, driver’s manuals, and other driver training materials, that provides instruction for drivers of motor vehicles on the importance of sharing the road safely with motorcyclists.

(g)

State Graduated Driver Licensing Incentive Grant.—

(1)

Grants authorized.—

Subject to the requirements under this subsection, the Secretary shall award grants to States that adopt and implement graduated driver licensing laws in accordance with the requirements set forth in paragraph (2).

(2)

Minimum requirements.—

(A)

In general.—

A State meets the requirements set forth in this paragraph if the State has a graduated driver licensing law that requires novice drivers younger than 18 years of age to comply with the 2-stage licensing process described in subparagraph (B) before receiving an unrestricted driver’s license.

(B)

Licensing process.—

A State is in compliance with the 2-stage licensing process described in this subparagraph if the State’s driver’s license laws include—

(i)

a learner’s permit stage that—

(I)

is at least 6 months in duration;

(II)

contains a prohibition on the driver using a personal wireless communications device (as defined in subsection (e)) while driving except under an exception permitted under paragraph (4) of that subsection, and makes a violation of the prohibition a primary offense;

(III)

requires applicants to successfully pass a vision and knowledge assessment prior to receiving a learner’s permit;

(IV)

requires that the driver be accompanied and supervised at all times while the driver is operating a motor vehicle by a licensed driver who is at least 21 years of age or is a State-certified driving instructor;

(V)

has a requirement that the driver—

(aa)

complete a State-certified driver education or training course; or

(bb)

obtain at least 50 hours of behind-the-wheel training, with at least 10 hours at night, with a licensed driver; and

(VI)

remains in effect until the driver—

(aa)

reaches 16 years of age and enters the intermediate stage; or

(bb)

reaches 18 years of age;

(ii)

an intermediate stage that—

(I)

commences immediately after the expiration of the learner’s permit stage and successful completion of a driving skills assessment;

(II)

is at least 6 months in duration;

(III)

prohibits the driver from using a personal wireless communications device (as defined in subsection (e)) while driving except under an exception permitted under paragraph (4) of that subsection, and makes a violation of the prohibition a primary offense;

(IV)

for the first 6 months of the intermediate stage, restricts driving at night between the hours of 10:00 p.m. and 5:00 a.m. when not supervised by a licensed driver 21 years of age or older, excluding transportation to work, school, religious activities, or emergencies;

(V)

prohibits the driver from operating a motor vehicle with more than 1 nonfamilial passenger younger than 21 years of age unless a licensed driver who is at least 21 years of age is in the motor vehicle; and

(VI)

remains in effect until the driver reaches 17 years of age; and

(iii)

learner’s permit and intermediate stages that each require, in addition to any other penalties imposed by State law, that the granting of an unrestricted driver’s license be automatically delayed for any individual who, during the learner’s permit or intermediate stage, is convicted of a driving-related offense during the first 6 months, including—

(I)

driving while intoxicated;

(II)

misrepresentation of the individual’s age;

(III)

reckless driving;

(IV)

driving without wearing a seat belt;

(V)

speeding; or

(VI)

any other driving-related offense, as determined by the Secretary.

(3)

Rulemaking.—

(A)

In general.—

The Secretary shall promulgate regulations necessary to implement the requirements set forth in paragraph (2), in accordance with the notice and comment provisions under section 553 of title 5.

(B)

Exception.—

A State that otherwise meets the minimum requirements set forth in paragraph (2) shall be deemed by the Secretary to be in compliance with the requirement set forth in paragraph (2) if the State enacted a law before January 1, 2011, establishing a class of license that permits licensees or applicants younger than 18 years of age to drive a motor vehicle—

(i)

in connection with work performed on, or for the operation of, a farm owned by family members who are directly related to the applicant or licensee; or

(ii)

if demonstrable hardship would result from the denial of a license to the licensees or applicants.

(4)

Allocation.—

Grant funds allocated to a State under this subsection for a fiscal year shall be in proportion to a State’s apportionment under section 402 for such fiscal year.

(5)

Use of funds.—

Of the grant funds received by a State under this subsection—

(A)

at least 25 percent shall be used for—

(i)

enforcing a 2-stage licensing process that complies with paragraph (2);

(ii)

training for law enforcement personnel and other relevant State agency personnel relating to the enforcement described in clause (i);

(iii)

publishing relevant educational materials that pertain directly or indirectly to the State graduated driver licensing law;

(iv)

carrying out other administrative activities that the Secretary considers relevant to the State’s 2-stage licensing process; and

(v)

carrying out a teen traffic safety program described in section 402(m); and

(B)

up to 75 percent may be used for any eligible project or activity under section 402.

(6)

Special rule.—

Notwithstanding paragraph (5), up to 100 percent of grant funds received by a State under this subsection may be used for any eligible project or activity under section 402, if the State is in the lowest 25 percent of all States for the number of drivers under age 18 involved in fatal crashes in the State per the total number of drivers under age 18 in the State based on the most recent data that conforms with criteria established by the Secretary.

(h)

Nonmotorized Safety.—

(1)

General authority.—

Subject to the requirements under this subsection, the Secretary shall award grants to States for the purpose of decreasing pedestrian and bicycle fatalities and injuries that result from crashes involving a motor vehicle.

(2)

Federal share.—

The Federal share of the cost of a project carried out by a State using amounts from a grant awarded under this subsection may not exceed 80 percent.

(3)

Eligibility.—

A State shall receive a grant under this subsection in a fiscal year if the annual combined pedestrian and bicycle fatalities in the State exceed 15 percent of the total annual crash fatalities in the State, based on the most recently reported final data from the Fatality Analysis Reporting System.

(4)

Use of grant amounts.—

Grant funds received by a State under this subsection may be used for—

(A)

training of law enforcement officials on State laws applicable to pedestrian and bicycle safety;

(B)

enforcement mobilizations and campaigns designed to enforce State traffic laws applicable to pedestrian and bicycle safety; and

(C)

public education and awareness programs designed to inform motorists, pedestrians, and bicyclists of State traffic laws applicable to pedestrian and bicycle safety.

(5)

Grant amount.—

The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal year 2009.

(Added Pub. L. 105–178, title II, § 2003(a)(1), June 9, 1998, 112 Stat. 325; amended Pub. L. 109–59, title II, §§ 2002(e), 2004, Aug. 10, 2005, 119 Stat. 1522

cite as: 23 USC 405

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